UC-NRUF 


j.9/3  Jew  3< 
Commission 
Government 
^  Haw  & 


FOURTH   EDITION 

REVISED      AND       ANNOTATED 
WITH    COURT    DECISIONS,    BY 

LEWIS     T.    STEVENS 

OF   THE  NEW  JERSEY   BAR 


PUBLISHED    BY 

ALBERT  R.  HAND 

CAPE  MAY.  N.  J. 


PRICE  $1.00 


1921  Hmenbants 


SUPPLEMENT  TO 

NEW  JERSEY 
COMMISSION 

GOVERNMENT 


PLEASE  KEEP  THIS  IN  BOOK 


CHAPTER  104. 

An   Act  respecting  cities  of  the  first  class  and  pro- 
viding for  the  nomination  and  election  of  commis- 
sioners elected  therein. 
BE  IT  ENACTED  l)ij  the  Senate  and  General  Assembly 

of  the  State  of  New  Jersey: 

1.  Hereafter  in  every  city  of  the  first  class  in  this 
State    there    shall   be    held    a    primary    election    for 
nominations  for  commissioners  required  to  be  elected 
therein,  and  the  first  primary  election  for  such  nom- 
inations shall  be  held  on  the  fourth  Tuesday  in  April 
following   the   adoption   of   this   act,    and   thereafter 
the  primary  election  for  such  nominations  shall  be 
held  on  the  second  Tuesday  in  April  in  the  fourth 
succeeding  year  and  on  the  second  Tuesday  in  April 
in  the  fourth  year  thereafter. 

2.  The  election  officers  conducting  the  last  general 
annual  election  shall  be  the  officers  of  the  primary 
election  as  well  as  the  officers  of  the  general  municipal 
election,   and  the    primary  and    municipal  elections 
shall  be  held  at  the  same  places  and  conducted  in  tl^ 
same  manner  so  far  as  possible,  and  the  polls  shall 
be  opened  and  closed  at  the  same  hours  as  provided 
by  the  general  election  laws. 

The  names  of  candidates  for  commissioners  shall, 
nt  least  ten  days  prior  to  the  primary  election,  be 
filed  with  the  city  clerk  in  the  manner  and  form  and 
under  the  conditions  hereafter  set  forth,  and  the 
petition  of  nominations  shall  consist  of  individual 
certificates  equal  in  number  to  at  least  one-half  of 
one  per  centum  of  the  ;entire  vote  at  the  last  pre- 
ceding general  election,  but  in  no  event  less  than 
twenty-five,  and  said  petition  shall  read  substantially 
MS  follows: 

PETITION    OF    NOMINATION. 

I,  the  undersigned,  a  qualified  elector  of  the  city  of 

,   residing    at ,   certify 

that  I  do  hereby  join  in  a  petition  for  the  nomination 


of n  whose  residence  is  at 

,  for  the  office  of  commissioner, 

to  be  voted  for  at  the  primary  election  to  be  held  in 
such  city  on  the 19.  .,  and  I  further  cer- 
tify that  I  know  this  candidate  to  be  a  qualified 
elector  of  said  city  and  a  person  of  good  moral 
character,  and  qualified  in  my  judgment  for  thf 
duties  of  such  office,  and  I  further  certify  that  I 
have  not  signed  more  petitions  or  certificates  of 
nominations  than  there  are  places  to  be  filled  in  the 
above  office. 

(Signed) :... 

Being  duly  sworn,  deposes  and  says  that  he  is  the 
person  that  signed  the  foregoing  certificate;  that  the 
statements  contained  therein  are  true  and  correct. 

(Signed) 

Subscribed  and  sworn  to  before  me 

It  shall  be  the  duty  of  the  city  clerk  to  furnish 
upon  application  a  reasonable  number  of  forms  of 
individual  certificates  of  the  above  character. 

Each  certificate  must  be  a  separate  paper  and 
must  contain  the  name  of  but  one  signer  thereto,  and 
no  more,  and  shall  contain  the  name  of  but  one  can- 
didate, and  no  more.  Each  signer  must  not,  at  the 
time  of  filing  the  certificate,  have  signed  more  cer- 
tificates for  candidates  for  that  office  than  there  are 
places  to  be  filled  in  such  office,  and  in  case  an 
elector  has  signed  two  or  more  conflicting  certificates, 
all  such  certificates  shall  be  rejected. 

When  such  a  petition  of  nomination  is  presented 
for  file  to  the  city  clerk,  he  shall  forthwith  examine 
the  same  and  ascertain  whether  it  conforms  to  the 
provisions  of  this  section,  and  if  not  found  in  con- 
formity thereto,  he  shall  designate  the  defect  and 
return  the  petition  forthwith  to  the  person  present- 
ing it,  which  may  again  be  presented  forthwith 
when  properly  amended. 


Immediately  upon  the  expiration  of  the  time  for 
filing  certificates,  statements  and  petitions  for  can- 
didates the  sqid  clerk  shall  cause  to  be  published  for 
three  successive  days  in  all  the  daily  newspapers  pub- 
lished in  such  city,  in  proper  form,  the  names  of  the 
persons  as  they  are  to  appear  upon  the  primary  bal- 
lots, and  if  there  be  no  daily  newspaper,  then  in 
two  issues  of  any  other  newspapers  that  may  be  pub- 
lished in  said  city;  and  the  said  clerk  shall  there- 
upon cause  the  primary  ballots  to  be  printed,  au- 
thenticated with  a  facsimile  of  his  signature.  The 
city  clerk  shall  draw  lots  to  determine  the  order  in 
Y.Mich  Lie  rrimss  of  the  cand. dales,  or  pr  mp  of  p«-n- 
didates,  shall  apprnr  upon  the  primary  ballots.  The 
name  of  the  person,  or  group  of  candidates  first 
drawn  shall  occupy  the  first  place  on  the  ballot  and 
the  name  of  the  person,  or  group  of  candidates  next 
drawn  shall  occupy  the  second  place,  and  so  forth. 
The  manner  of  drawing  the  lot  shall  be  as  follows: 
Paper  cards  writh  the  name  of  each  candidate,  or 
group  of  candidates,  written  thereon,  shall  be  placei 
in  a  covered  box  with  an  ap'erture  in  the  top  large 
enough  to  allow  the  said  cards  t:>  be  drawn  there- 
from. The  city  clerk  in  the  presence  of  any  candi- 
date, shall  draw  from  the  box  each  card  without 
knowledge  on  his  part  as  to  which  card  he  is  draw- 
ing- 

Any  candidate  whose  name  is  to  be  voted  on  the 
ballot,  by  petition  addressed  to  the  city  clerk,  may 
request  that  the  said  city  clerk  shall  print  opposite 
his  name  on  the  ballot  a  designation,  in  not  more 
than  six  words,  as  named  by  him  in  said  petition,  for 
the  purpose  of  indicating  either  any  ofricial  act  or 
board  to  which  he  is  pledged  or  committed,  provided, 
1.;at  such  designation  shall  not  indicate  political 
party  affiliations.  On  the  filing  of  any  such  petition 
the  said  clerk  shall  cause  the  said  designation  to  be 
printed  opposite  the  name  of  the  said  person  upon 
the  ballot.  If  several  candidates  for  the  same  office 


shall  in  said  petition  request  that  their  names  be 
grouped  together,  and  that  the  one  designation  to  be 
named  by  them  shall  be  printed  opposite  their  said 
names,  the  said  clerk  shall  group  the  said  names 
of  said  persons  in  a  bracket,  and  opposite  thte  said 
bracket  shall  print  the  said  designation  as  afore- 
said. Such  petition  to  the  said  clerk  requesting  a 
designation  or  a  grouping  of  the  candidates  shall  be 
filed  with  the  city  clerk  at  least  eight  days  before 
the  primary  election.  If  two  candidates  or  groups 
shall  select  the  same  designation  the  clerk  shall 
notify  the  candidate  or  group  whose  petition  was 
last  filed,  and  the  said  candidate  or  group  shall  se- 
lect a  new  designation. 

Upon  the  said  ballot  arranged  in  the  order  in 
which  the  names  were  drawn  by  the  city  clerk  shall 
appear  the  names  of  the  candidates  for  commissioners 
with  their  designation,  if  any,  with  a  square  at  the 
left  of  each  name,  and  below  the  names  of  such  can- 
didates shall  appear  the  words  "Vote  for  five."  The 
ballots  shall  be  printed  upon  plain,  substantial  white 
paper,  and  shall  be  headed: 

Candidates  for  Nomination  for  Commissioners  of 
City  at  the  Primary  Election.  The  ballots  shall  be 
substantially  i»  the  following  manner: 

(Plato  a  cros^  X  or  plas  +  in  black  ink  or  lead 
pencil  in  the  square  preceding  the  names  of  the  per- 
sons you  favor  as  candidates  for  the  respective  posi- 
tions. 

Official  Primary  Ballot. 

Candidates  for  Nomination  for   Commissioners  of 

City  of at  the  Primary  Election. 

For  Commissioner. 
(Name  of  Candidate; 

(Vote  for  five) 
Official  ballot  attest 

( Signature ) 

City  Clerk. 

One  space  shall  be  left  below  the  printed  names  of 
the  candidates  of  each  office  to  be  voted  for,  whereiy 

5 


the  voter  may  write  the  name  of  any  person  for 
whom  he  may  wish  to  vote.  Blank  space^  shall  be 
loft  equal  to  the  number  of  offices  to  be  filled. 

Having  caused  said  ballot  to  be  printed,  the  said 
city  clerk  shall  cause  to  be  delivered  at  each  polling 
n'nce  one  and  one-tenth  times  as  many  ballots  as 
there  were  registered  voters  in  such  election  district 
at  the  last  general  election.  The  persons,  who  are 
Qualified  to  vote  at  the  general  municipal  election 
shall  be  qualified  to  vote  at  such  primary  election  ; 
and  the  law  applicable  to  challenges  made  at  a  gen- 
eral municipal  election  shall  be  applicable  to  chal- 
lenger at  such  primary  election.  The  district  boards 
of  registry,  and  election,  shall,  immediately  upon  the 
closing  of  the  polls,  count  the  ballots  and  ascertain 
the  number  of  votes  cast  in  such  election  district  for 
each  of  tli 9  candidates  in  the  manner  now  provided 
by  law  at  the  general  election  for  members  of  the 
General  Assembly,  and  make  return  thereof  to  the 
city  clerk,  immediately  after  the  completion  of  the 
count  of  such  ballots,  upon  proper  blanks,  to  be  fur- 
nished by  the  said  clerk.  On  the  day  following  the 
said  primary  election  the  said  city  clerk  shall  can- 
vass said  returns  so  received  from  all  the  election 
districts,  and  shall  immediately  make  and  file  in  the 
office  of  the  city  clerk  the  result  thereof.  Said  can- 
vass by  the  city  clerk  shall  be  publicly  made. 

MUNICIPAL    ELECTION 

And  in  every  city  of  the  first  class  in  this  State, 
five  conrirssioners,  shall  be  elected,  at  an  election  to 
be  held  on  the  second  Tuesday  in  May  following  the 
primary  election,  following  the  adoption  of  this  act, 
flnd  on  the  second  Tuesday  in  May  in  each  fourth 
year  thereafter.  The  number  of  candidates  equal  to 
twice  the  number  of  places  to  be  filled  received  the 
h'ghest  number  of  votes  at  the  primary  election, 
si i fill  be  candidates,  and  the  names  of  such  candi- 
dates shall  he  printed  upon  the  ballot  at  the  succeed- 
ing municipal  election,  and  the  number  of  candidates 
equal  to  twice  the  number  of  places  to  be  filled  re- 

6 


ceiving  the  highest  number  of  votes  for  commission- 
ers, or  all  such  candidates  if  le?s  than  twice  the  num- 
ber of  places  to  be  filled,  shall  be  the  candidates,  and 
the  names  of  such  candidates  shall  be  printed  upon 
the  ballot  for  commissioners  at  such  municipal  elec- 
tion, and  the  ballot  at  such  municipal  election  shall 
be  in  the  same  general  form  as  for  said  primary 
election,  so  far  as  possible,  and  at  all  elections  in 
such  city  the  election  districts,  polling  places  or 
rooms,  methods  of  conducting;  election,  canvassing  the 
votes  and  announcing  the  results,  shall  be  the  same 
as  herein  provided  for  the  selection  of  candidates  at 
the  primary  election,  and  the  number  of  candidates 
equal  to  the  number  of  places  to  be  filled  receiving 
the  highest  number  of  votes  shall  be  elected  as  com- 
missioners, as  herein  provided. 

The  registry  for  elections  held  under  the  pro- 
visions of  this  act  shall  be  the  official  signature  copy 
register  containing  the  names  of  those  persons  quali- 
fied to  vote  at  the  last  preceding  general  election; 
transfers  from  one  district  to  another  shall  be 
granted  as  provided  by  the  laws  appertaining  to  gen- 
eral elections  in  this  State. 

Qualified  voters  who  did  not  register  or  vote  at 
the  general  election  preceding  the  holding  of  the  pri- 
mary elections  or  the  election  provided  for  under 
this  act  may  have  their  names  added  to  the  signa- 
ture copy  register  by  applying  to  the  county  board 
of  elections  in  counties  of  the  first  class,  during  the 
week  preceding  the  holding  of  such  election  or  the 
primary  election,  and  if  upon  such  application  it  is 
made  to  appear  to  such  board  that  such  person  is  & 
qualified  elector  and  is  entitled  to  vote  at  said  elec- 
tion an  order  shall  be  made  by  such  board  directing 
the  proper  district  board  of  registry  and  election  to 
accept  such  vote  and  such  order  shall  be  filed  with 
the  district  board  of  registry  and  election  and  shall 
be  returned  by  said  board  to  the  clerk  of  the  munici- 
pality wherein  such  election  is  held  immediately  after 
the  holding  of  such  election,  to  be  kept  and  filed  in 
the  office  of  such  clerk  for  at  least  a  period  of  one 

7 


;  proridr'.l,  there  shall  be  presented  by  such 
vnt/T  and  there  shall  be  filed  with  said  order  an  af- 
fidavit of  said  voter  containing-  the  information 
requisite  to  be  given  under  the  election  and  registry- 
laws  of  this  State. 

Official  ballots  shall  not  be  distributed  or  used  out- 
side of  the  voting  place  at  any  of  the  elections  pro^ 
vided  for  under  this  act,  and  all  the  provisions  of 
the  laws  relating  to  general  elections  bearing  upon 
the  subject  of  the  distribution  and  use  of  official 
ballots  shall  apply  as  nearly  as  may  tie  to  the  ballots 
used  in  the  elections  held  under  the  provisions  of 
this  act,  except  that  there  shall  be  no  official  dis- 
tribution of  sample  ballots. 

Any  candidate  for  election  as  commissioner  at  th>- 
municipal  election  shall  have  the  right  and  power  to 
appoint,  evidenced  by  a  certificate  signed  by  such 
candidate  two  agents  or  challengers  for  each  and 
every  polling  place  in  each  election  district  in  such 
city.  The  aforesaid  certificate  shall  be  filed  with  the 
district  'board  of  registry  and  election,  before  such 
agents  or  challengers  shall  be  allowed  to  assume  the 
privileges  and  duties  of  an  agent  or  challenger. 
Such  agent  or  challenger  shall  be  vested  with  all  the 
powers  and  duties  now  devolving  upon  agents  or 
challengers  by  virtue  of  "An  act  to  regulate  elec- 
tions (Revision  of  1920)",  passed  May  fifth,  one 
thousand  nine  hundred  and  twenty,  and  the  various 
supplements  and  amendments  thereof. 

3.  The  amount  which  may  be  spent  in  aid  of  the 
candidacy  of  any  candidate  for  nomination  or  elec- 
tion  as    commissioner   at    any    primary    or    general 
municipal  election  provided  for  under  this  act  shall 
be  the  same  as  prescribed  for  candidates  for  munic- 
ipal office,  under  the  general  election  law. 

4.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  be  and  the  same  are  hereby  re- 
pealed. 

5.  This  act  shall  take  effect  immediately. 


Passed  March  30,  1921. 


8 


CHAPTER  176. 

An  Act  to  amend  an  act  entitled  "A  supplement  to 
an  act  entitled  'An  act  to  amend  an  act  entitled 
"A  supplement  to  an  act  entitled  'An  act  relating 
to,  regulating  and  providing  for  the  government 
of  cities,  towns,  boroughs  and  other  municipalities 
within  this  State,'  :'  approved  April  twenty-fifth, 
one  thousand  nine  hundred  and  eleven,'  :?  which 
supplement  was  approved  April  seventh,  one  thous- 
and nine  hundred  and  fourteen,  which  amendment 
was  approved  April  third,  one  thousand  nine  hun- 
dred and  seventeen,  and  which  supplement  was  ap- 
proved April  nineteenth,  one  thousand  nine  hun- 
dred and  twenty. 

1.  Section  one  of  the  act  of  which  this  act  is 
amendatory  be  and  the  same  is  hereby  amended  to 
read  as  follows: 

BE  IT  ENACTED  'bij  the  Senate  and  General  Assembly 
of  the  State  of  New  Jersey: 

1.  Whenever  the  Federal  or  State  census  shall 
show  that  any  such  city  which  when  voting  to  adopt 
the  provisions  of  said  act  had  a  population  of  less 
than  ten  thousand  has  increased  in  population  to 
ten  thousand  or  more,  then  two  additional  commis- 
sioners shall  be  elected  at  an  election  to  be  held  on 
the  second  Tuesday  in  May  following  the  official  an- 
nouncement of  such  increase  in  population,  provided 
that  in  any  city  of  more  than  ten  thousand  popula- 
tion and  less  than  twenty 'five  thousand  population 
said  election  shall  not  be  held  until  a  proposed  or- 
dinance increasing  the  number  of  commissioners 
from  three  to  five  shall  be  submitted  to  the  board  of 
commissioners  by  petition  signed  by  electors  of  the 
city  equal  in  number  to  ten  per  centum  of  the  votes 
cast  at  the  last  preceding  general  election,  request- 
ing that  the  said  ordinance  be  submitted  to  the  vote 
of  the  people,  if  not  passed  by  the  board  of  com- 
missioners. 

The  signatures,  verification,  authentication,  inspec- 
tion, certification,  amendment  and  submission  of  such 


petition  shall  be  the  same  as  for  petitions  to  recall 
commissioners  as  now  provided  by  law.  Upon  the 
filing  of  said  petition  and  certification  of  the  same 
by  the  city  clerk  the  board  of  commissioners  shall 
within  twenty  days  thereafter  pass  said  ordinance 
without  change  or  submit  said  ordinance  without 
change  to  the  vote  of  the  electors  of  the  city  at  the 
next  general  election.  Said  petitions  must  be  filed 
and  certified  to  by  the  city  clerk  at  least  sixty  days 
before  the  general  election  at  which  the  proposed  or- 
dinance shall  be  submitted  to  a  vote  of  the  electors. 
The  ballots  to  be  used  when  voting  upon  said  or- 
dinance shall  contain  these  words:  "For  the  ordi- 
nance" (stating  the  nature  of  the  proposed  ordi- 
nance) and  "Against  the  ordinance"  (stating  the 
nature  of  the  proposed  ordinance).  If  a  majority  of 
the  qualified  electors  voting  on  the  proposed  ordi- 
nance shall  vote  in  favor  thereof,  such  ordinance 
shall  thereupon  become  a  valid  and  binding  ordinance 
of  the  city;  and  any  ordinance  proposed  by  petition 
or  which  shall  be  adopted  by  a  vote  of  the  people 
shall  not  be  repealed  or  amended  except  by  a  vote  of 
the  people. 

2.  All   acts  and   parts   of  acts  inconsistent   with 
the  provisions  of  this  act  be  and  the  same  are  hereby 
repealed. 

3.  This  act  shall  take  effect  immediately. 
Approved  April  7,  1921. 

CHAPTER  177. 
An  Act   to  provide  for  the   assessment  of  taxes   in 

boroughs  that  are  operating  under  the  commission 

form  of  government  with  a  population  of  over  five 

thousand. 

BE  IT  ENACTED  by  the  Senate  and  General  Assembly 
of  the  State  of  New  Jersey: 

1.  In  all  boroughs  of  this  State  that  are  operating 
under  the  commission  form  of  government  that  have 
a  population  of  over  five  thousand  there  may  be  «, 
board  of  tax  assessors  therein  composed  of  one  or 

10 


more  members,  but  at  no  time  shall  the  said  board  of 
tax  assessors  exceed  three  in  number,  who  shall  be 
appointed  or  elected  by  the  governing  body;  pro- 
vided, however,  that  the  term  of  office  of  the  mem- 
bers of  said  board  of  assessors  shall  be  fixed  by  the 
governing;  body  thereof,  not,  however,  to  exceed  the 
term  of  three  years,  but  such  members  shall  continue 
in  office  until  their  successors  are  chosen  and  quali- 
fied. Any  such  officer  may  be  removed  from  office 
in  the  manner  now  or  hereafter  to  be  provided  by 
law ;  and  in  the  case  of  death,  resignation  or  removal 
of  any  such  officer,  his  successor  shall  be  chosen  for 
the  unexpired  term  only. 

2.  Said  assessors  shall  each  receive  such  salary  as 
from  time  to  time   shall  be  fixed  by  the  governing 
body  of  said  borough  and  each  shall  give  bond  for 
the  faithful  performance  of  his  duties,  in  such  sum 
in  such    form  and  with  such  securities  as  the  govern- 
ing body  shall  approve. 

3.  Said    board    of    assessors    shall    have    all    the 
powers  and  perform  all  the  duties  devolving  by  law 
upon  the  assessors  of  taxes  or  boards  for  the  assess- 
ment of  taxes  of  such  borough   at  the  time  of  the 
passage  of  this  act;  and  the  offices  of  such  assessors 
and  such  boards  existing  in  such  boroughs  shall  be 
abolished  upon  the  election  and  qualifying  in  office 
of  a  board  of  assessors  by  this  act  established. 

4.  Any  assessment  or  report  made  by  a  majority 
of  said  board  shall  be  deemed  the  assessment  or  re- 
port of  said  board  of  assessors  and  in  case  of  the 
death  or  disability  or  absence  from  any  cause  of  one 
member,   the   other   two   may   lawfully   exercise   the 
powers  of  the  board,  but  in  all  cases,  before  any  as- 
sessment is  finally  fixed  and  determined,  it  shall  be 
approved  by  at  least  two  of  the  members.     All  re- 
ports or  returns  of  tax  assessments  required  to  be 
made  to  any  other  board  of  the  borough,  county  or 
State  shall  be  made  by  said  board   of   assessors  or 
a  majority  thereof. 

5.  The  governing  body  of  any  such  borough,  may 

11 


fix  the  annual  salaries  of  the  assessors  by  ordinance1 
or  resolution  and  all  such  salaries  shall  be  stated  and 
fixed,  and  not  contingent  in  anywise  and  such  sal- 
aries shall  be  payable  monthly.  All  fees  and  allow- 
ances of  such  assessors  for  any  service  shall  be  paid 
into  the  borough  treasury  for  the  use  of  the  borough. 
The  salary  of  such  officer  shall  not  be  diminished 
during  his  term  of  office. 

6.     All  acts  or  parts  thereof  inconsistent  herewith 
are  hreeby  repealed. 

Approved  April  7,  1921. 


New    Jersey 

Commission  Government 

Law 

(WALSH  ACT) 


FOURTH  EDITION 

REVISED  AND  ANNOTATED 

WITH  COURT  DECISIQNS, 


BY 

LEWIS  T.  STEVENS 
H 

Of  the  New  Jersey  Bar 


PUBLISHED  BY 

ALBERT  R.  HAND 

CAPE  MAY,  N.  J. 
PRICE,   $1.OO 


Ksr 


Copyright,   1919 

by 
LEWIS  T.  STEVENS 


Foreword  to  Fourth  Edition 

New  Jersey  first  enacted  the  Commission  Gov- 
ernment Law  in  1911,  the  first  year  of  the  term  of 
Woodrow  Wilson  as  governor,  and  the  act  was  pre- 
pared by  a  commission  of  men  who  desired  an  act 
under  jWhich  a  municipal  government  could  entrust 
more  authority  to  its  officials,  and,  in  which  more 
responsibility  could  be  placed  in  the  hands  of  fewer 
men.  The  object  was  to  place  the  responsibility  where 
it  could  be  known  and  to  make  it  practicable  to  re- 
call the  official  who  should  fail  in  his  response  to 
the  desires  if  the  electors.  The  act  was  the  result 
of  a  bill  introduced  in  the  Assembly  by  Allen  B. 
Walsh,  a  member  of  Mercer  county,  and  the  law, 
after  its  passage  took  the  name  of  its  sponsor  and 
is  known  as  the  "Walsh  Act."  The  original  act 
was  signed  by  (Governor  Wilson  on  April  25,  1911, 
but  each  succeeding  Legislature  has  altered  its  sec- 
tions, and  supplements  have  been  enacted,  so  that  of 
the  original  law  of  1911  but  little  is  left,  except  that 
the  principles  are  retained.  The  act  has  worked  well 
for  being  so  crudely  drawn. 

The  Legislature  of  1914,  having  greater  home 
rule  in  such  municipalities  in  viejW,  attempted  to 
place  a  nqw  first,  and  new  eighth,  section  to  the  act 
but  these  newly  made  sections  were  tested  in  the 
Supreme  Court  and  declared  unconstitutional,  and 
by  such  action  there  has  been  left  the  original  first 

3 


Commission  Government  Law 

section  in  force,  and  the  eighth  section,  as  amended 
in  1912,  in  effect.  The  two  sections  which  were  de- 
clared unconstitutional  are  placed  in  the  notes  fol- 
lojwing  their  respective  sections. 

The  act  that  now  exists,  with  the  courts'  con 
structions  upon  each  section  as  have  been  carried 
up  in  litigation,  is  here  given  in  orderly  succession. 

The  amendments  and  supplements  include  those 
passed  by  the  Legislature  of  1919,  and  the  decisions 
handed  down  by  the  courts,  Including  those  for  the 
June  term  of  1919. 

LEWIS  T.  STEVENS 
Cape  May,  N.  J.,  October  1,  1919. 


Contents 


List  of  Cases  Cited 6 

The   National    Movement   9 

Walsh  Act  Epitomized 16 

Application  of  the  Act 20 

Organization 21 

Duties  of    Board    24 

Powers   of   Board   j. 26 

Increase  Salaries  by  Oridance T 

Succeed  to  Power  of  Certain  Former  Bodies 39 

Control  of  Places  of  Amusement 40 

Power  over  Excise  Matters 41 

Regulate  Sale  of  Liquor 44 

Convention  Halls,  Etc., 44 

Meetings  of  Board 45 

Passages  of  Ordinances  and  Franchises 46 

Inhibitions    upon   Officials    47 

Bond  Restrictions  ''. 48 

Control  of  Candidates 49 

Publish  Finincial  Statements 50 

Control   of  appropriations   52 

Public  Instruction  Exempted 52 

Municipal  Election 52 

Votes  of  Discharged  Service  Men 54 

Recall   54 

Initiative   55 

Referendum 58 

Adoption  Requirements 60 

Reversion  to  Charter 63 

Constitutionality  of  Act 64 

Election  of  Commissioners 65 

Recall   Election 76 

Definitions    89 

Registration  in  Cities  of  between  5,000  and 

75,000  Population 93 

Index  _  95 


List  of  Cases  Cited 


Apple    vs.    Atlantic    City 

Atlantic  City  ads.  Appple 38 

Atlantic  City  ads.  Barrett 23,     36 

Atlantic  City  ads.  Biddle 24 

Atlantic  City  ads.  Herbert    37 

Barrett  vs.  Atlantic  City 23,     36 

Beverly  ads.   Buohl 37,     58 

Biddle  vs.  Atlantic  City u 24 

Brennan    vs.    Jersey    City   38 

Brokaw  vs.   Burk  37 

Buohl    vs.    Beverly    '. 36,     58 

Burk    ads.    Brokaw    37 

Burks  ads.  Disbrow 37 

Burk  ads.  Hirsch : 

Burk  ads.  Johnston 37 

Burk  ads.  Salter 23,     24,  36,     50 

Burk  ads.  Voile 23 

Burk  ads  Wilson 23 

Burk  ads.  Zeigler 

Burke  ads.  Feeny 37 

Crane  vs.  Jersey  City 73 

Cronin   vs.   Lee   87 

Daly  vs.  Garven 73 

Del.  Riv  .  Trans.  Co.  vs.  Trenton 21,     49 

Disbrow  vs.  Burk 37 

Fagan  ads.  Morris 24,  36,     63 

Fagan  vs.  Morris 23 

Feeny  vs.  Burke 37 

Flock   ads    Woolley    26 

Foley   vs    Orange   

Ford    vs.    Gilbert    57 

Garey  vs.  Riddle 

Garven  ads.  Daly 73 

Gaskill  ads.  Keffer 24 

Gilbert  ads.  Ford  57 

Gilbert  ads.  Landon 50 

Griffin  ads.  Kudlich 24 

Haines  vs.  Standoven    62 

Hennessey  ads.  Jersey  City 40 

Herbert  vs.  Atlantic  City 37 

6 


List  of  Cases  Cited 


Heston   ads.   Loudenslager  23 

Hirsch  vs.  Burk 23 

Istvan  vs.  Naar . 23 

Jersey  City  ads.   Brennan 38 

Jersey  City  ads  Crane 37 

Jersey  City  ads.  Hennessey 40 

Jersey  City  ads.  Loughran 37,     46 

Johnston  vs.  Burk 37 

Keffer  vs.  Gaskill 24 

Kudlich  vs.  Griffin 24 

Landon   vs.    Gilbert   50 

Lawrence  ads.  Poole 79 

Lee  ads.  Cronin 87 

Loudenslager  vs.  Heston 23 

loughran  vs.  Jersey  City 37,     46 

Matthews   ads.   Monaghan   73 

Monaghan  vs.  Matthews 73 

Morris  ads.  Fagan 23 

Morris   vs.    Fagan    24,     36,     63 

Naar  ads.   Istvan 23 

Ninth  St.  Imp.  Co.  vs.  Ocean  City 50 

Ocean  City  ads.  Ninth  St.  Imp  Co. 50 

Orange    ads.    Foley    38 

Pcole  vs.  Lawrence 79 

Riddle   vs.    Garey   23 

Salter   vs.    Burk   23,     24,     36     50 

Sscwartz  vs.  Wachlin  63 

Standoven  vs.  Haines 62 

Trenton  ads.  Del.  Riv.  Trans.  Co. 21,     49 

Volks    vs   Burk   23 

Vollmer    vs.    Wachlin    63 

Wachlin  ads.  Schwartz 63 

Wachlin  ads.  Vollmer 63 

Wilson  vs.  Burk 23 

Woolley  vs.  Flock 26 

Zeigler  vs.  Burk 23 


Addenda  and  Errata 

On  page  36,  in  the  case  of  Morris  vs  Fagen,  read : 
"  was  not  carried"  in  place  of  "(was  not  created." 

Since  the  printing  of  pages  14  and  15  of  this  book, 
the  Borough  of  Avalon  in  Cape  May  County  (Pop 
323)  :  and  the  Borough  of  Avon  in  Manmouth  Coun- 
ty (Pop.  707),  have  adopted  the  act. 

Lyndhurst  Township  (Bergen  County)  population 
7299,  is  under  commission  rule. 


The  National   Commission  Govern- 
ment Movement 

For  upwards  of  thirty  years  there  have  been 
movements  on  foot  to  have  local,  or  municipal,  gov- 
ernment nearer  to  the  control  of  the  people. 

But  more  than  the  efforts  of  man  had  to  be  first 
imposed  upon  one  of  our  fair  Southern  cities  in 
order  to  give  the  movement  the  impetus  required  to 
bring  an  effect  out  of  it. 

Nature,  in  the  great  coastal  storm  and  hurricane 
which  lashed  the  Gulf  of  Mexico  in  1900  and  batter- 
ed down  the  walls  of  the  city  of  Galveston,  inun- 
dated the  city  and  destroyed  millions  of  dollars 
worth  of  property  and  hundreds  of  lives,  was  the 
cause  of  giving  the  first  commission  form  of  govern- 
ment which  attracted  the  attention  of  civic  scholars 
throughout  the  country. 

After  the  great  storm  it  was  necessary  to  cut 
the  red  tape  of  an  unwieldy  local  councilmanic  body 
of  54  members  and  to  act  quickly  to  save  that  city 
from  further  destruction,  which  could  happen  in 
any  Gulf  storm  of  lesser  furiousness. 

The  State  Legislature  of  Texas  appointed  a 
commission  of  five  persons  to  supersede  the  then 
existing  city  government,  and  so  well  did  that  com- 
mission work,  that  in  1903,  Galveston  adopted  a 
commission  form  with  five  commissioners,  which 
has  since  been  in  existence  there. 


Commission  Government  Law 

In  New  Jersey  there  were  improvement  com- 
missions in  many  municipalities,  in  which  the  com- 
mission was  of  greater  authority  than  the  town 
council,  but  when,  in  1875,  the  State  Constitution 
was  amended  by  prohibiting  the  State  Legislature 
from  passing  any  " private,  local  or  special  laws, 
*  *  *  regulating  the  internal  affairs  of  towns 
and  counties;  appointing  local  officers  or  commis- 
sions to  regulate  municipal  affairs,"  this  practice  was 
discontinued. 

Judge  Thomas  M.  Cooley,  in  his  "Principles  of 
Constitutional  Law,"  says: 

"It  is  axiomatic  that  the  management  of  purely 
local  affairs  belongs  to  the  people  concerned,  not 
only  because  of  being  their  own  affairs,  but  because 
they  will  best  understand,  and  be  most  competent  to 
manage  them.  The  continued  and  permanent 
existence  of  local  government  is,  therefore,  assumed 
in  all  the  state  constitutions,  and  is  a  matter  of  con- 
stitutional right  even  jwhen  not  in  terms  expressly 
provided  for. 

"Nevertheless  there  is  no  constitutional  form 
or  model  of  local  government,  or  standard  or  meas- 
ure of  local  powers,  and  these  need  to  be  different 
according  to  the  circumstances. 

"To  determine  the  local  needs  in  this  regard, 
legislation  is  requisite  and  the  State,  therefore,  will 
create  local  governments,  confer  upon  them  such 
powers  as  in  its  wisdom  may  seem  expedient,  and 
prescribe  such  safeguards  and  limitations  to  their 
exercise  as  shall  be  deemed  needful  and  prudent." 

The  Galveston  commission,  then,  performed  its 

10 


The  National  Movement 

work  so  effectively  that  many  Texas  cities  adopted 
this  form  of  government.  The  Iowa  Legislature  in 
1916  passed  a  commission  government  law,  but 
with  broader  powers  to  the  people  than  the  Texas 
law.  In  Texas,  the  commissioners  had  the  sole  pow- 
er of  government,  but  Iowa  went  further,  and  add- 
ed three  new  provisions,  i.  e.,  the  recall,  the  initiative 
and  the  referendum. 

The  plan  abandons  all  distinction  between 
executive  and  legislative  powers,  and  merges  all 
these  two  functions  with  that  of  the  judical  in  local 
government.  In  the  place  of  supposed  checks  and 
balances  under  the  old  charter  governments,  it  has 
placed  nearer  to  the  people  the  power  to  place  re- 
sponsibility on  the  commissioners  by  the  recall,  in- 
itiative and  referendum.  Not  all  these  new  cheeks 
are  found  in  all  the  States,  but  in  most  of  them. 

Neither  the  initiative  or  referendum  has  been 
used  to  any  great  extent  in  the  time  in  (which  com- 
mission government  has  existed,  but  the  recall  1ms 
been  used  in  many  states.  While  authorized  in  New 
Jersey,  by  reason  of  the  technicality  of  that  provis- 
ion, but  one  commissioner  has  been  recalled  up  to  this 
time. 

Throughout  the  States  seven  is  the  highest  num- 
ber provided  for,  but  in  most  cases  five  and  three 
are  the  number  of  commissioners  fixed  for  the  munici- 
palities. Wisconsin  first  made  the  number  but 
three  for  all  cities,  and  it  has  now  come  to  be  general 
in  the  country  that  a  city  of  over  10,000  population 
should  have  at  least  five  commissioners. 

One  result  of  the  adoption     of     these     commis- 

11 


Commission  Government  Law 

sions  is  the  disappearance  of  the  long  ballot,  and 
the  substitution  of  the  unpartisan  short  ballot.  In 
some  states  the  preferential  ballot  has  been  adopted 
with  as  many  as  four  choices,  which  was  provided  for 
in  New  Jersey  in  1914.  It  has  been  shown  in  actual 
experience  that  but  a  Small  percentage  of  the  voters 
express  more  than  a  first,  and  sometimes  a  second, 
choice.  In  a  great  many  instances,  however,  the  few 
second,  third  and  other  choice  votes  have  prevailed 
over  the  equal  first  choice  votes  received  by  candi- 
dates. 

The  short  ballot  has  done  away  with  a  large 
lot  of  relatively  unimportant  officials  slipping  to 
success  behind  a  party  designation.  The  reduction 
of  the  number  of  officials  also  adds  dignity  to  the 
office  of  commissioner,  where  in  the  past  there  was 
but  little  thought  given  to  the  successful  petty  can- 
didate for  local  office. 

It  is  a  most  excellent  government  with  the  per- 
sonnel of  the  commissioners  being  moral,  intelligent 
and  gifted  with  a  knowledge  of  public  affairs,  but  a 
worse  government  tihan  the  old  councilmanic  and 
aldermanic  way  if  the  commissioners  are  scheming 
politicians  and  incompetent  in  public  matters.  It 
is  human  nature  that  some  of  the  latter  class  have 
been  elected,  and  it  is  here  that  the  recall  is  useful 
when  invoked. 

About  four  hundred  municipalities  have  adopt- 
ed the  form,  of  government  in  the  United  States,  not- 
withstanding that  this  manner  of  government  is  in 
its  infancy.  Some  of  the  largest  cities  of  the  Union 
which  have  adopted  this  form  are : 


12 


The  National  Movement 

Population  in  1910 

Galveston,    Tex 1903  36,981 

Houston,  Tex 1905  78,800 

Fort  Worth,  Tex 1907  73,312 

Dallas,    Tex 1907  92,104 

Des  Moines,  Iowa 1909  86,368 

Memphis,  Tenn 1910  131,105 

Kansas  City,  Kan 1910  82,331 

Tacoma,  Wash 1910  83,7'43 

Lynn,  Mass 1911  89,339 

Trenton,  N.  J 1911  96,815 

Jersey  City,  N.  J 1913  267,779 

Cleveland,    0 1914          5"60,663 

Newark,  N.  J.  , 1917  347,469 

:0f  the  four  hundred  cities  which  have  adopted 
this  form  of  government,  none  have  attempted  to  go 
back  to  its  old  form  of  administration,  except  Den- 
ver, Col.,  which  went  back  to  councilmanic  govern- 
ment on  May  9,  1916 

The  New  Jersey  commission  government  law  is 
known  as  the  Walsh  Act,  after  the  sponsor  for  the 
bill  creating  the  act  in  the  Legislature.  The  adop- 
tion of  this  legislation  came  about  with  a  public 
meeting  held  in  December,  1910,  when  represen- 
tatives of  Newark,  Jersey  City,  Trenton,  Neiw 
Brunswick  and  Passaic  met  to  discuss  its  adaptability 
to  New  Jersey  towns.  On  January  4,  1911,  the 
friends  of  the  movement  met  in  Newark  and  follow- 
ing this,  other  meetings  were  held  in  Trenton  in  the 
last  of  which  nineteen  cities  were  represented.  Final- 
ly the  bill  prepared  was  partially  the  Iowa  law  and 
included  generally  the  provisions  which  now  com- 
pose the  Walsh  Act. 

13 


Commission  Government  Law 

Municipalities  of  New  Jersey  which  have  adopt- 
ed the  "Walsh  Act  are : 

Population  1915 

Newark     366,721 

Jersey  City 270,903 

Trenton    103,190 

Hoboken     67,611 

Bayonne     64,461 

Passaic   61,225 

Atlantic  City . 51,667 

New  Brunswick 30,019 

Orange 29,805 

Montclair  25,029 

Irvington  20,342 

Long  Branch 14,565 

Phillipsburg    14,430 

Millville   13,307 

Belleville    11,996 

Asbury  Park 10,910 

Rahway    9,586 

Nutley    7,987 

Kidgewood  Tqwnship 6,729 

Collingswood 6,600 

Vineland    6,531 

Haddonfield    5,077 

Lambertville    4,600 

Bordentown 4,095 

Hawthorne     3,999 

Wildwood    3,858 

Ocean  City    3,721 

Union  Twp.    (Bergen  .Co.)       2,999 
City  of  Cape  May    2,513 

14 


The  National  Movement 

Beverly    2,450 

Bradley  Beach  2,236 

Ridgefield  Park   1,18?' 

Sea  Isle  City 955 

Margate  City   291 

Deal  227 

Allenhurst   203 

Cape  May  Point 170 

Longport    143 


15 


THE  WALSH    ACT    EPITOMIZED 

Commission  government,  as  provided  for  in  this 
act,  may  be  adopted  by  any  municipality  of  a  lesser 
degree  than  a  county  in  New  Jersey,  and  the  initial 
step  is  the  presentation  of  a  petition  to  the  clerk  of 
the  municipality,  signed  by  one  fifth  of  the  total 
voters  registered  in  the  .municipality  for  the  pre- 
ceding election  at  which  a  member  of  the  General 
Assembly  of  the  state  was  voted  for.  When  such  a 
petition  is  received  by  the  municipal  clerk,  he  calls- 
an  election  to  be  held  on  the  third  Tuesday  after  the 
filing  with  him  of  the  petition. 

If,  at  the  election,  a  majority  of  those  voting, 
decide  in  favor  of  the  adoption,  and  that  majority  is 
equal  to  at  least  thirty  per  centum  of  the  votes  cast 
in  said  municipality  at  the  last  preceding  election 
for  member  of  the  General  Assembly,  the  act  be- 
comes the  charter  of  the  municipality,  and  goes  into 
effect  on  the  sixth  Tuesday  after  the  election. 

If  the  election  fails,  then  there  can  be  no  othe/ 
election  until  after  the  beginning  of  the  last  year  of 
the  term  of  the  chief  executive  officer  of  said  munici- 
pality elected  after  the  trial  election. 

On  the  fifth  Tuesday  following  tine  adoption  of 
the  act  the  commissioners  are  elected  under  the  pref- 
erential ballot  law,  which  is  only  used  in  New  Jersey 
in  elections  for  commissioners  under  the  Walsh  act. 

Upon  the  going  into  effect  of  the  new  govern- 
ment the  terms  of  all  elective  and  appointive  officers 

16 


Walsh  Act  Epitomized 

expire,  but  the  offices  are  not,  however,  abolished,  but 
are  filled  by  the  commissioners  for  the  length  of  terms 
as  provided  in  the  law  applicable  to  such  municipal- 
ity when  the  Walsh  Act  is  adopted.  All  other  boards 
and  bodies,  except  boards  of  education  and  district 
courts  (,when  there  is  a  district  court  in  the  munici- 
pality), are  abolished,  and  the  powers  are  given  over 
to  the  commissioners. 

The  commissioners  serve  until  the  Third  Tuesday 
in  May,  of  the  fourth  year  following  their  election. 
If  a  vacancy  occurs  before  the  beginning  of  the  last' 
year  of  the  term,  then  the  remaining  commissioners 
shall  call  an  election,  between  thirty  and  forty  days 
after  the  creation  of  the  vacancy,  to  fill  it.  If  the  va- 
cancy occurs  in  the  last  year  of  their  terms  tne  re- 
maining commissioners  may  fill  it  for  the  unexpircd 
term. 

Policemen  and  firemen  and  persons  under  civil 
service  laws,  in  office  when  the  act  is  adopted,  are 
exempt  from  removal  from  office  by  the  new  commis- 
sioners, except  in  the  manner  prescribed  for  the  re- 
moval of  officers  under  proved  charges. 

In  municipalities  of  10,000  population  and  more 
there  are  five  commissioners,  and  in  those  of  a  less 
population  three  commissioners.  The  commissioners 
choose  the  mayor  from  among  themselves  and  appor- 
tion the  duties  as  they  deem  advisable  when  they 
organize  their  local  government. 

The  commissioners  have  all  the  "administra- 
tive, judical  and  legislative  powers"  of  all  other 
boards  existing  ,when  they  take  office,  wnicn  meauo.  i". 
short,  that  they  are  the  absolute  rulers  of  the  munici- 
pality. 

17 


Commission  Government  Law 

The  annual  compensation  of  commissioners     in 
municipalities  not  bordering  on  the  Atlantic   Ocean 
and  not  known  as  seaside  or  summer  resorts,  are 
Population  Commissioners        Mayor 

Over  200,000  $5,000  $5,500 

Over  90,000  3,000  3,500 

Over  40,000  2,000  2,500 

Over  20,000  1,500  1,800 

.     Over  10,000  1,200  1,500 

Over  5,000  750  1,500 

Over  2,500  500  750 

Over  1,000  350  500 

Over  500  200  250 

Under  500  50  75 

In  "fourth  class  cities,"  which  are  under  the 
cities  act  classification  described  as  cities  bordering 
on  the  Atlantic  Ocean,  and  known  as  seaside  or  sum- 
mer resorts,  the  salaries  are: 


Population             Commissioners 

Mayor 

Over 

90,000 

$5,000 

$5,500 

Over 

40,000 

3,000 

4,000 

Over 

20,000 

2,500 

3,000 

Over 

10,000 

2,000 

2,500 

Over 

.   5,000 

1,500 

2,000 

Over 

2,500 

1,250 

1,500 

Over 

1,000 

1,000 

1,250 

Over 

500 

500 

750 

Under 

500 

250 

500 

(It  has  not  been  judicially  settled  whether  muni- 
cipalities bordering  on  the  Atlantic  Ocean  other  than 
cities  may  take  the  following  salaries  for  their  com- 
missioners. ) 

18 


Walsh  Act  Epitomized 

The  commissioners  may  fix  the  salaries  of  all 
other  officers  and  employees. 

The  commissioners  shall  meet  at  least  o>ice  a  week. 

The  commissioners  shall  not  be  interested,  di- 
rectly or  indirectly,  with  any  firm  or  corporation 
doing  business  with  the  municipality,  except  they 
may  be  directors  of  a  bank  or  trust  company,  in  which 
the  municipality's  funds  are  kept,  or  from  which  it 
borrows  money  for  its  temporary  ne?ds. 

After  conunLss.oners  have  Veen  in  office  one  year, 
they  may  be  recalled  by  a  vote  of  the  electorate.  The 
manner  is  so  technical,  however,  that  of  the  many 
attempts  since  the  act  has  been  in  effect,  only  two 
have  gone  so  far  as  to  a  recall  election,  and  in  one 
case  the  commissioner  sought  to  be  recalled  was  re- 
tained, and  in  the  other  a  new  commissioner  (was 
chosen. 

The  people  may  initiate  the  introduction  of  or- 
dinances to  the  commissioners,  and  may  also  vote  upon 
ordinances  adopted  by  commissioners  by  proceeding 
as  defined  in  the  act,  and  thereby  the  electorate  have 
the  recall,  the  initiative  and  the  referendum  in  their 
local  government. 

If,  after  the  end  of  six  years,  the  electorate  are 
not  satisfied  with  commission  government,  they  may 
at  the  general  election  preceding  the  year  in  which 
commissioners  are  to  be  elected  vote  to  go  back  to  the 
same  form  of  government  in  effect  in  the  municipality 
when  commission  form  of  government  was  adopted. 


19 


COMMISSION  GOVERNMENT 
LAW 

An  act  relating  to,  regulating  and  providing  for 
the  government  of  cities,  towns,  townships,  boroughs, 
villages  and  municipalities  governed  by  boards  of 
commissioners  or  improvement  commissions  in  this 
State.  (P.  L.  1912,  p.  643.) 

Approved  April  2,  1912. 

The  original  title  read  as  follows: 

"An  act  relating-  to,  regulating  and  providing  for  the 
government  of  cities,  towns,  boroughs  and  other  munici- 
palities within  this  State,"  and  was  approved  April 
twenty-fifth,  one  thousand  nine  hundred  and  eleven. 

Application  Of  This  Act 

1.  All  cities,  towns,  boroughs  and  other  munici- 
palities of  this  State  that  hereinafter  adopt  the  pro- 
visions of  this  act  .shall  be  governed  as  herein  set 
forth,  and  wherever  the  word  "city"  or  "cities" 
appears  in  this  act  it  shall  be  construed  to  mean 
"town"  or  "towns,"  "borough"  or  "boroughs" 
or  other  "municipality"  or  "municipalities."  (P.  L. 
1911,  p.  462.) 

This  section  was  amended  by  the  Home  Rule  Act,  P. 
L.  1914,  p.  254,  to  read: 

1.  All  municipalities  of  this  State,  except  counties 
and  school  districts,  that  have  heretofore  adopted  or  shall 
hereafter  adopt  the  provisions  of  this  act  shall  ba  governed 
as  herein  set  forth;  and  wherever  the  words  "city"  or 
"cities"  appears  in  this  act,  it  shall  be  construed  to  mean 
"municipality"  or  "municipalities,"  as  the  case  may  be, 
but  shall  not  be  construed  to  include  counties  or  school 
districts.  Such  municipalities  shall  be,  and  are  hereby 
declared  to  be  a  distinct  class  of  municipalities,  and  shall 
not  be  subject  to  any  laws  of  this  State  except  laws  ap- 

20 


Organization 

plicable  to  all    municipalities  of  this   State     other     than 
counties  and  school  districts.       Approved  April  9,  1914. 

The  Act  (Chapter  144,  Law  1914)  did  not  divest  City 
of  Trenton  of  the  powers  conferred  upon  such  city  by  the 
Harbor  Act  of  April  15,  1911  p.  233,  since  the  Hennesy 
act  in  so  far  that  it  provides  that  all  municipalities  that 
have  adopted  the  Walsh  Act  "shall  not  be  subject  to  any 
laws  of  this  state  except  laws  applicable  to  all  municipali- 
ties of  this  state  other  than  counties  and  school  districts" 
contravenes  Article  4,  §7,  par.  11,  of  the  Constitution,  pro- 
hibiting special  laws  regulating  the  internal  affairs  cf 
municipalities. — Del.  Riv.  Trans.  Co.  vs.  Trenton,  85  N.  J. 
Law  p.  479;  90  Atl.  Rep.,  p.  731:  91  Atl.  Rep.,  p.  1068; 
86  N.  J.  L.,  p.  48;  86  N.  J.  L.,  p.  679. 

Organization 

2.  At  the  first  election  held  in  sudh  city  next 
after  the  adoption  of  the  provisions  of  this  act  as 
herein  provided,  there  shall  be  elected  in  such  cities, 
by  the  duly  authorized  voters  therein,  the  number 
of  persons  as  hereinafter  provided  to  be  commis- 
sioners of  such  city,  each  of  whom  shiall  have  been  a 
citizen  and  resident  of  .such  city  for  at  least  two 
years  immediately  preceding  his  election  as  such 
commissioner,  who  shall  serve  a 5  such  commissioners 
until  the  third  Tuesday  of  May  in  the  fourth  year 
following  such  election  and  until  their  successors  are 
elected  and  shall  have  duly  qualified;  and  every 
fourth  year  thereafter,  at  the  regular  municipal 
election  in  such  city,  there  shall  be  elected  the  num- 
ber of  persons  as  hereinafter  provided  as  corn'mis-* 
sioners  with  like  qualifications  to  serve  for  the  term 
of  four  years  and  until  their  successors  have  been 
elected  and  duly  qualified.  Should  any  vacancy  oc- 
cur among  such  commissioners  the  remaining  com- 
missioners shall,  within  thirty  days  thereafter,  elect 
a  properly  qualified  person  to  fill  such  vacancy  to 

21 


Commission  Government  Law 

serve  for  the  unexpired  term.  The  term  of  office  of 
such  comimissioners  first  elected  under  the  pro- 
visions of  this  act  shall  commence  on  the  first  Tues- 
day following  such  election  and  the  term  of  office 
of  all  succeeding  commissioners  shall  commence  on 
the  third  Tuesday  of  May  next  ensuing-  after  their 
election,  at -tyvelve  o'clock,  noon,  and,  upon  the  or- 
ganizing of  the  commissioners  in  any  such  city, 
elected  under  this  act,  the  City  Council  or  other 
governing  body  or  bodies  tihieretofore  acting  as  gov- 
erning body  or  bodies  in  such  city  and  having  any 
other  functions  shall  be  ipso  facto  abolished,  and  the 
terms  of  all  councilmen,  or  aldermen,  and  all  other 
officers  whether  elective  or  appointive,  shall  immedi- 
ately cease  and  determine;  providing,  hoivever,  that 
nothing  herein  contained  shall  be  construed  to  affect 
in  any  way  the  term  of  office  of  any  policeman,  fire- 
man or  other  employee  of  any  police  or  fire  depart- 
ment, veteran  of  any  war,  or  other  official  or  em- 
ployee nojw  protected  by  any  tenure  of  office  act. 
Wherever  heretofore  or  hereafter  the  provision  of 
an  act  entitled  "An  act  regulating  the  employment, 
tenure  and  discharge  of  certain  officers  and  employees 
of  this  State  and  of  the  various  counties  and  munici- 
palities thereof,  and  providing  for  a  Civil  Service 
Commission,  and  defining  its  powers  and  duties,"  ap- 
proved April  tenth,  one  thousand  nine  hundred  and 
eight,  and  the  acts  supplementary  thereto  and  amen- 
datory thereof,  have  been  adopted  by  any  county  or 
municipality  in  this  State  prior  tu  the  adoption  of 
the  provisions  pf  this  act,  then,  and  in  that  event, 
nothing  in  this  act  contained  shall  apply  to  any 

22 


ORGANIZATION 

person  holding  any  position  or  office  coming  within 
the  classified  service  of  the  civil  service  law.  (P. 
L.  1911,  p.  463.) 

Approved  April  25,  1911. 

See  section  7,  p.  73,  as  to  filling  vacancies  for  un- 
expired   terms. 

This  act  does  not  have  the  effect  of  abolishing  boards 
of  health  organized  under  the  general  health  act  of  1887 
(2  Comp.  St.  1910,  p.  2656)  in  municipalities  which  adopt 
it  as  a  governmental  scheme.  Istvan  vs  Naar,  84,  N.  J. 
Law,  p.  113;  85  Atl.  Rep.,  p.  1012. 

The  city  clerk  of  a  city  adopting  this  act  is  not  within 
the  protection  of  that  provision  of  the  civil  service  law 
which  prevents  the  removal  of  an  officer  who  is.  under  civil 
service,  except  upon  reasons  presented  to  him,  and  answer 
made  therto  by  him.  The  right  of  the  governing  body  to 
appoint  to  an  office  when  the  term  of  the  incumbent,  as 
fixed  by  law  has  expired,  is  not  affected  by  the  provi- 
sions of  civil  service  law.  Fagan  vs.  Morris,  83  N.  J.  L., 
p.  3;  86  Atl.  Rep.,  p.  1102.  Salter  vs.  Burk,  83  N.  J.  L., 
p.  152;  83  Atl.  Rep.,  p.  973. 

The  language  of  this  act  is  broad  enough  and  suffi- 
ciently clear  to  include  a  department  of  a  city  created  by 
special  act  which  acted  as  a  governing  body  having  func- 
tions for  the  administration  of  the  affairs  of  the  munici- 
pal water  works  and  this  department  and  the  water  com- 
missioners were  abolished  as  soon  as  the  commissioners 
for  the  city  organized.  Hirsch  vs.  Burk,  83  N.  J.  Law,  p. 
146;  83  Atl.  Rep.,  p.  979. 

One  complaining  of  the  illegality  of  the  election  to 
office  of  another  in  his  stead  must  first  show  that  he  him- 
self has  legal  title  to  it.  Salter  vs.  Burk,  83  N.  J.  Law, 
p.  152;  83  Atl.  Rep.,  p.  973;  Volk  vs.  Burk,  83  N.  J.  L.,  p. 
204;  83  Atl.  Rep.,  p.  978;  Wilson  vs.  Burk,  83  N.  J.  L.,  p. 
205;  83  Atl.  Rep.,  p.  977;  Zeigler  vs.  Burk,  83  N.  J.  L.,  p. 
207;  83  Atl.  Rep.,  p.  976;  Garey  vs.  Riddle,  84  N.  J.  L.,  p. 
80;  86  Atl.  Rep.,  p.  532;  Barret  vs.  Atlantic  City,  85  N. 
J.  L.,  p.  134;  88  Atl.  Rep.,  p.  856;  86  N.  J.  L.,  p.  675;  92 
Atl.  Rep.,  p.  1086. 

On  the  organization  of  the  commissioners  elected  un- 
der this  act  the  city  council  or  other  governing  body  or 
bodies  theretofore  governing  in  such  city  shall  be  ipso 
facto  abolished  and  the  terms  of  all  councilmen  or  alder- 
men and  all  other  officers,  whether  elective  or  appointive, 
shall  immediately  cease  and  determine;  by  such  provision 
the  incumbency  of  every  office  of  the  city  was  terminated 

23 


Commission  Government  Law 


by  the  organization  of  the  commissioners,  and  the  words 
"all  other  officers"  include  a  commissioner  of  the  sinking 
fund,  who.  had  no  official  standing  after  the  organization 
of  the  elected  commissioners.  Loudenslager  vs.  Heston, 
86  N.  J.  L.,  p.  382;  92  Atl.  Rep.,  p.  54. 

Where  the  law  prescribes  the  term  of  a  municipal 
officer,  it  is  beyond  the  power  of  the  board  of  commis- 
sioners of  a  municipality  to  elect  for  a  greater  or  less 
term,  or  for  an  indefinite  term,  and  an  attempt  to  do  so 
will  not  constitute  a  valid  appointment;  and  a  vacancy,  in 
contemplation  of  law  will  still  exist  in  such  office.  Salter 
vs.  Burk  et  al.,  83  N.  J.  L.,  p.  152;  83  Atl.  Rep.,  p.  973. 

The  incumbent  of  the  office  of  city  clerk  created  by 
a  charter  with  prescribed  duties  and  powers,  is  not  en- 
titled on  quo  waranto  to  the  office  of  city  clerk  created  by 
commissioners  under  this  act,  on  the  ground  that  the 
adoption  of  this  form  cf  government  was  not  carried  by 
the  requisite  number  of  votes;  the  office  created  by  the 
commission  being  of  a  different  character  from  the  char- 
ter office.  Morris  vs.  Fagan,  90  Atl.  Rep.,  p.  267;  85  N. 
J.  L.,  p.  617. 

The  adoption  of  the  Walsh  Act  and  the  organization  of 
the  city  commission  does  not  abolish  the  character  of 
office  of  recorder  previously  existing.  The  appointment 
by  the  commission  was  for  the  charter  term  of  three  years, 
dating  from  such  appointment.  Keffer  vs.  Gaskill.  95 
Atl.  Rep.,  p.  629;  88  N.  J.  L.  p.  77. 

The  provision  of  the  Walsh  Act  that  the  terms  of  all 
city  officers  whether  elective  or  appointive,  shall  terminate 
on  the  organization  of  the  board  of  commissioners,  ap- 
plied to  a  health  warden,  an  appointee  of  the  board  of 
health  of  the  City  of  Hoboken.  Kudlich  vs.  Griffin  et 
al.,  96  Atl.  Rep.  p.  561;  88  N.  J.  L.,  p.  574. 

Notwithstanding  the  fact  that  the  Walsh  Act  indi- 
cates an  attempt  with  political  considerations  in  muni- 
cipal government,  by  adopting  the  provisions  of  that  act, 
a  city  does  not  adopt  a  permanent  tenure  for  its  officers, 
similar  to  that  secured  by  the  civil  service  act.  A  muni- 
cipal officer  whose  term  has  expired  occupies  the  status 
of  a  holdover,  and  holds  office  at  the  will  of  the  appoint- 
ing body  whether  protected  by  the  civil  service  act  or  a 
law  tantamount  thereto.  Biddle  vs  Atlantic  City,  91  N. 
J.  L.,  p.  679;  103  Atl.  Rep.,  p.  386. 

Duties  Of  Board 

3.     Every  city    having    by    the    last    preceding 
State  or  National  census  ten  thousand  population  or 

24 


Duties  Of  Board 

more  shall  be  governed  by  a  board  of  commissioners 
consisting  of  five  commissioners,  and  every  city 
having  by  the  last  census  less  than  ten  thousand 
population  shall  be  governed  by  a  board  of  commis- 
sioners, consisting  of  three  commissioners,  chosen  as 
provided  in  this  act,  each  of  whom  shall  have  the 
right  to  vote  on  all  questions  coming  before  the  board 
of  commissioners.  A  majority  of  the  members  of  the 
board  of  commissioners  shall  constitute  a  quorum  and 
the  affirmative  vote  of  a  majority  of  all  ttiie  members 
shall  be  necessary  to  adopt  any  motion,  resolution 
or  ordinance,  or  pass  any  measure  unless  otherwise 
provided  for  in  this  act.  Every  resolution  or  ordin- 
ance shall  be  reduced  to  writing  and  read  before  the 
vote  is  taken  thereon,  and  the  vote  upon  every  motion, 
resolution  or  ordinance  shall  be  taken  by  yeas  and 
nays  and  entered  in  the  minutes;  and  the  minutes  of 
each  meeting  so  recorded  shall  be  signed  by  a  majority 
of  all  the  commissioners  and  the  city  clerk.  At  the 
first  meeting  after  their  election,  the  said  commis- 
sioners shall  choose  one  of  their  number  to  preside 
at  all  meetings  of  the  board  of  commissioners  and  he 
shall  be  designated  ' '  mayor . ' '  The  mayor  shall  have 
no  power  to  veto  any  measure,  but  every  ordinance 
passed  by  the  board  of  comlmissioners  shall  be  re- 
corded and  signed  i™  the  book  in  which  it  is  recorded 
by  a  majority  of  all  the  comlmissioners  before  it  shall 
be  in  force. 

After  its  final  adoption,  each  ordinance  shall  be 
published  once,  in  a  newspaper  published  and  circu- 
lating in  the  city,  if  such  there  be,  or,  if  there  be  no 
such  newspaper,  then  in  a  newspaper  published  in 

25 


Commission  Government  Law 

the  county  and  circulating  in  the  city,  and  no  pub- 
lication of  any  ordinance  or  resolution,  either  be- 
fore or  after  its  final  adoption,  shall  be  necessary  to 
make  the  same  effective,  except  as  provided  in  this 
act.  When  any  ordinance  or  resolution  is  required 
to  be  published  by  any  of  the  provisions  of  this  act, 
such  publication  shall  include  the  names  of  the  com- 
missioners who  signed  such  ordinance  or  resolution. 
(P.  L.  1916,  p.  406.) 

Approved  March  18,  1916. 

Under  the  Walsh  Act  the  office  of  "presiding  officer 
of  the  board  of  commissioners,"  and  as  such  "mayor"  and 
"director  of  the  department  of  public  affairs,"  is  for  a  fixed 
term  of  four  years,  and  not  merely  at  the  will  of  the 
board  of  commissioners.  Woolley  vs.  Flock,  92  N.  J.  L., 
p. ;  105  Atl.  Rep.,  p.  489. 

Powers  of  Board 

4.  The  board  of  commissioners  shall  have  and 
possess  all  administrative,  judicial  and  legislative 
powers  and  duties  now  had  and  possessed  and  ex- 
ercised by  the  mayor  and  city  council  and  all  other 
executive  or  legislative  bodies  in  said  city,  and  have 
complete  control  over  the  affairs  of  the.  city  adopt- 
ing the  provisions  of  this  act.  The  executive,  ad- 
ministrative, judical  and  legislative  powers,  author- 
ity and  duties  in  such  city  shall  be  distributed  into 
and  among  five  departments,  except  that  in  any  city 
having  but  three  commissioners,  three  departments 
shall  be  designated  and  provided  by  the  consolidation 
of  the  first  and  third  departments  and  the  fourth 
and  fifth  departments  as  follows: 
1.  Department  of  public  affairs. 

26 


Power  Of  Boards 

2.  Department  of  revenue  and  finance. 

3.  Department  of  public  safety. 

4.  Department   of   streets   and   public      improve- 

ments. 

5.  Department  of  parks  and  public  property. 
The  board  of  commissioners  shall  determine  the 

powers  and  duties  to  be  performed  by  each  depart- 
ment and  assign  such  powers  and  duties  to  the  ap- 
propriate departments,  and  they  shall  prescribe  the 
powers  and  duties  of  all  officers  and  employees  and 
they  may  assign  particular  officers  and  employees 
to  one  or  more  departments  and  may  require  any 
officer  or  employee  to  perform  duties  in  two  or 
more  departments,  provided  the  work  required  of 
such  officer  or  employee  in  such  different  depart- 
ments be  similar  in  character  and  make  such  other 
rules  and  regulations  as  may  be  necessary  or  prop- 
er for  the  efficient  and  economical  conduct  of  the 
business  of  the  city. 

The  mayor  shall  be  the  director  of  the  depart- 
ment of  public  affairs,  and  the  board  of  commis- 
sioners shall,  at  the  first  regular  meeting  after  the 
election  of  its  members,  designate  by  majority  vote 
one  commissioner  to  be  director  of  the  department 
of  revenue  and  finance,  one  to  be  director  of  the  de- 
partment of  public  safety,  one  to  be  director  of  the 
department  of  streets  and  public  improvements,  and 
one  to  be  director  of  the  department  of  parks  and 
public  property,  except  that  upon  the  organization 
of  a  board  of  three  commissioners  but  three  depart- 
ments shall  be  designated,  as  above  provided,  and 
but  three  directors  voted  therefor,  and  such  desig- 

27 


Commission  Government  Law 

nation  may  be  changed  whenever  it  appears  that  the 
public  service  would  be  benefitted  thereby. 

The  board  of  commissioners  shall  at  the  first 
meeting,  or  as  soon  as  may  be  after  organization, 
create  such  subordinate  boards  and  appoint  sucili 
officers  as  it  may  be  necessary  for  the  proper  and 
efficient  conduct  of  the  affairs  of  the  city.  Any  board 
created  may  be  abated ;  or  any  officer  or  employee 
appointed  by  the  board  of  commissioners  may  be  re- 
moved from  office  by  them,  at  any  time  for  cause, 
after  public  hearing,  provided  their  action  shall  be 
taken  in  accordance  with  the  civil  service  and  ten- 
ure of  office  acts  in  municipalities  where  such  acts 
have  been  adopted,  and  such  action  shall  be  subject 
to  review  by  the  courts  as  heretofore. 

The  mayor  and  board  of  comlmissioners  shall  have 
suitable  offices  and  their  total  compensation  shall,  in 
cities  of  the  first,  second  and  third  classes,  be  as  fol- 
lows: In  such  cities  having,  by  the  last  preceding 
State  or  National  census  more  than  two  hundred 
thousand  population,  the  mayor's  salary  shall  be  not 
more  than  fifty-five  hundred  dollars,  and  that  of  each 
commissioner  shall  be  not  more  than  five  thousand 
dollars.  In  cities  having  by  the  last  census  a  popu- 
lation of  over  ninety  thousand  and  not  exceeding 
two  hundred  thousand,  the  mayor's  annual  salary 
shiall  not  be  more  than  three  thousand  five  hundred 
dollars,  and  that  of  each  eomjmissioner  shall  be  not 
more  than  three  thousand  dollars.  In  cities  having 
from  forty  thousand  to  ninety  thousand  population, 
the  mayor's  annual  salary  shall  be  not  more  than 
two  thousand  five  hundred,  and  that  of  each  eom- 

28 


Power  Of  Boards 

missioner  shall  be  not  more  than  two  thousand  dol- 
lars. In  cities  having  from  twenty  to  forty  thousand 
population,  the  mayor's  annual  salary  shall  be  not 
more  than  one  thousand  eight  hundred  dollars,  and 
that  of  each  commissioner  shall  be  not  more  than  one 
thousand  five  hundred  dollars.  In  cities  having  from, 
ten  to  twenty  thousand  population,  the  mayor's 
annual  salary  shall  be  not  more  than  one  thousand 
five  hundred  dollars,  and  that  of  each  commissioner 
shall  be  not  more  than  one  thousand  two  hundred 
dollars.  In  cities  having  from  five  thousand  to  ten 
thousand  population,  the  mayor's  annual  salary  shall 
be  not  more  than  one  thousand  dollars,  and  that  of 
each  commissioner  shall  be  not  more  than  seven  hun- 
dred and  fifty  dollars.  In  cities  having  from  twenty 
five  hundred  to  five  thousand  population,  the  mayor's 
annual  salary  shall  be  not  more  than  seven  hundred 
and  fifty  dollars,  and  that  of  each  commissioner  shall 
be  not  more  than  five  hiuiidred  dollars.  In  cities 
having  from  one  thousand  to  twenty-five  hundred 
population,  the  mayor's  annual  salary  shall  be  not 
more  than  five  hundred  and  that  of  each  comimissioner 
not  more  than  three  hundred  and  fifty  dollars.  In 
cities  having  from  five  hundred  to  one  thousand  pop- 
ulation, the  mayor's  salary  shall  be  not  more  than 
two  hundred  and  fifty  and  that  of  each  commissioner 
shall  be  not  more  than  two  hundred  dollars,  and  in 
cities  having  less  than  five  hundred  population,  the 
mayor's  salary  shall  be  not  more  than  seventy-five 
and  that  of  each  commissioner  shall  be  not  more  than 
fifty  dollars. 

The  compensation  of  the  mayor  and  the  commis- 

29 


Commission  Government  Law 

sioners  shall,  in  cities  of  the  fourth  class,  be  as  fol- 
lows: In  such  cities  having,  at  the  last  preceding 
State  or  National  census,  more  than  ninety  thousand 
population,  the  mayor's  salary  shall  be  not  more 
than  fifty-five  hundred,  and  that  of  each  commissioner 
shall  be  not  more  than  five  thousand  dollars.  In 
cities  having  from  forty  thousand  to  ninety 
thousand  population  the  mayor's  annual  salary  shall 
be  not  more  than  four  thousand  and  that  of  each 
commissioner  shall  be  not  more  than  three  thousand 
dollars.  In  cities  having  from  twenty  thousand  to 
forty  thousand  population,  the  mayor's  annual  sal- 
ary shall  be  not  more  than  three  thousand  and  that 
of  each  commissioner  shall  be  not  more  than  twenty- 
five  hundred  dollars.  In  cities  having  from  ten 
thousand  to  twenty  thousand  population,  the  mayor's 
annual  salary  shall  be  not  more  than  twenty-five  hun- 
dred, and  that  of  each  commissioner  shall  be  not  more 
than  two  thousand  dollars.  In  cities  having  from  five 
thousand  to  ten  thousand  population,  the  mayor's 
annual  salary  shall  be  not  more  than  tjwo  thousand 
and  that  of  each  commissioner  shall  be  not  more  than 
fifteen  hundred  dollars.  In  cities  having  from  twen- 
ty-five hundred  to  five  thousand  poulation,  the 
mayor's  annual  salary  shall  be  not  more  than  fifteen 
hundred,  and  that  of  each  commissioner  shall  be  not 
more  than  twelve  hundred  and  fifty  dollars.  In 
cities  having  from  one  thousand  to  twenty-five  hun- 
dred population,  the  mayor's  annual  salary  shall  be 
not  more  than  twelve  hundred  and  fifty,  and  that  of 
each  commissioner  shall  not  be  more  than  one  thous- 
and dollars.  In  cities  having  from  five  hundred  to 

30 


Power  Of  Boards 

one  thousand  population,  the  mayor's  annual  salary 
shall  be  not  more  than  seven  hundred  and  fifty,  and 
that  of  each  commissioner  shall  be  not  more  than  five 
hundred  dollars.  And  in  cities  having  less  than  five 
hundred  population  the  mayor's  annual  salary  shall 
be  not  more  than  five  hundred  dollars  and  that  of 
each  commissioner  shall  not  be  more  than  tjwo  hun- 
dred and  fifty  dollars.  Such  salaries  shall  be  payable 
in  equal  monthly  installments. 

The  salary  or  compensation  of  all  other  officers  and 
employees  of  the  city  shall  be  fixed  by  the  board  of 
commissioners,  and  shall  be  payable  monthly,  or  at 
shorter  periods  as  they  shall  determine;  provided, 
however,  that  the  salary  or  compensation  of  any 
member  of  the  police  or  fire  departments  shall  not  be 
fixed  at  a  less  amount  than  that  received  by  the  said 
member  at  the  time  of  the  adoption  of  said  act;  pro- 
vided, however,  that  the  compensations  of  the  commis- 
sioners shall  be  fixed  by  an  ordinance  adopted  by  the 
board  of  commissioners  immediately  after  the  organi- 
zation of  the  board,  in  accordance  with  all  the  provi- 
sions of  this  act;  the  compensation  so  fixed  shall  not 
be  increased  during  the  term  for  which  the  commi- 
sioners  are  elected,  unless,  after  said  ordinance  shall 
have  been  adopted,  an  increase  in  the  compensation 
payable  in  such  city  shall  be  authorized  by  statute. 
In  each  city  governed  by  provisions  of  this  act,  there 
shall  be  a  city  clerk,  who  shall  be  appointed  by  the 
board  of  commisioners  for  such  term  as  they  may  fix, 
and  who  shall  be  the  clerk  of  the  board  of  commis- 
sioners, and  have  the  custody  of  their  minutes,  and  of 
all  papers  and  records  of  the  city  not  otherwise  ex- 

31 


Commission  Government  Law 

pressly  provided  for.  Said  clerk  shall  also  have  cus- 
tody of  the  seal  of  the  city,  and  copies  of  all  records 
of  the  city  certified  by  him  under  the  seal  of  the  city 
shall  be  legal  evidence  in  all  courts  and  places  in  like 
manner  as  if  the  originals  were  produced. 

The  corporate  existence  of  any  city  accepting  the 
provisions  of  this  act  shall  be  continued,  and  its  cor- 
porate name  and  seal  shall  not  be  changed  by  such  ac- 
ceptance, and  all  acts,  general  or  special,  relating  to 
such  city,  shall  except  so  far  as  inconsistent  with 
this  act,  apply  to  such  city,  and  such  city  shall  have 
and  exercise  the  powers  and  duties  thereby  conferred 
or  imposed. 

Whenever  in  any  municipality  where  the  provi- 
sions of  the  act  to  which  this  act  is  an  amendment 
have  been  or  may  hereafter  be  adopted,  the  commis- 
sioners desire  to  fix  the  compensation  to  be  paid  to 
them  during  the  terms  for  which  they  |Were  elected  at 
a  sum  greater  than  that  fixed  in  the  act  of  which  this 
is  an  amendment,  they  shall  have  power  so  to  do; 
provided,  however,  the  same  be  done  by  ordinance 
duly  passed  by  said  board,  which  ordinance,  however, 
shall  not  take  effect  until  submitted  for  the  approval 
of  the  voters  in  such  municipality  in  the  following 
manner : 

At  the  general  election  held  the  next  following  the 
passage  of  such  ordinance  the  same  shall  be  submitted 
without  alteration  to  the  vote  of  the  electors  of  the 
municipality,  and  it  shall  be  the  duty  of  the  official 
charged  ,with  the  preparation  of  the  ballots  to  be  used 
at  said  election  to  place  thereon  these  words:  ''For 
the  ordinance "  (stating  the. nature  of  the  proposed 

32 


Power  Of  Boards 

ordinance),  and  "Against  the  ordinance "  (stating- 
the  nature  of  the  proposed  ordinance );  with  a  square 
at  the  left  of  each  phrase,  and  below  shall  appear  the 
words  "Vote  for  or  against;  place  a  cross  in  one 
square."  If  a  majority  of  the  qualified  voters  vot- 
ing on  the  proposed  ordinance  shall  vote  in  favor 
thereof  such  ordinance  shall  become  thereupon  a  valid 
and  binding  ordinance  of  the  municipality  and  the 
members  of  the  board  of  commissioners  of  such  muni- 
cipality and  their  successors  shall  be  entitled  to  re- 
ceive during  the  term  for  which  they  are  elected,  as 
compensation  for  their  services,  the  amount  so  fixed 
in  said  ordinance. 

The  maximum  salaries  to  be  fixed  under  the  pre- 
visions of  this  act  shall  be  as  follows : 

In  cities  of  the  first,  second  and  third  classes, 
having,  by  the  last  preceding  State  or  National  census, 
more  than  two  hundred  thousand  population,  the 
mayor's  salary  shall  be  not  more  than  fifty-five  hun- 
dred dollars,  and  that  of  eacfi  commissioner  shall  be 
not  more  than  five  thousand  dollars.  In  cities  having 
by  the  last  census  a  population  of  over  sixty  thous- 
and not  exceeding  two  hundred  thousand,  the  may- 
or's annual  salary  shall  be  not  more  than  three  thous- 
and five  hundred  dollars,  and  that  of  each  commis- 
sioner shall  be  not  more  than  three  thousand  dollars. 
In  cities  having  from  forty  thousand  to  sixty  thous- 
and population,  the  mayor's  annual  salary  shall  be 
not  more  than  two  thousand  five  hundred  dollars,  and 
that  of  each  commissioner  shall  be  not  more  than  two 
thousand  dollars.  In  cities  having  from  twenty  to 
forty  thousand  population,  the  mayor's  annual  sal- 

33 


Commission  Government  Law 

ary  shall  be  not  more  than  one  thousand  eight  hun- 
dred dollars  and  that  of  each  commissioner  shall  be 
not  more  than  one  thousand  five  hundred  dollars.  In 
cities  having  from  ten  to  twenty  thousand  population 
the  mayors  annual  salary  shall  be  not  more  than  one 
thousand  five  hundred  dollars,  and  that  of  each  com- 
missioner shall  be  not  more  than  one  thousand  two 
hundred  dollars.  In  cities  having  from  five  thousand 
to  ten  thousand  population,  the  mayor's  annual  sa- 
lary shall  be  not  more  than  one  thousand  dollars,  and 
that  of  each  commissioner  shall  be  not  more  than 
seven  hundred  and  fifty  dollars.  In  cities  having 
from  twenty-five  hundred  to  five  thousand  popula- 
tion, the  mayor's  annual  salary  will  be  not  more 
than  seven  hundred  and  fifty  dollars,  and  that  of  each 
commissioner  shall  be  not  more  than  five  hundred 
dollars.  In  cities  having  from  one  thousand  to  twen- 
ty-five hundred  population,  the  mayor's  annual  salary 
shall  be  not  more  than  five  hundred  and  that  of  each 
commissioner  not  more  than  three  hundred 
and  fifty  dollars.  In  cities  having  from  five  hun- 
dred to  one  thousand  population,  the  mayor's  salary 
shall  be  not  more  than  two  hundred  and  fifty  and 
that  of  each  commissioner  shall  be  not  more  than  two 
hundred  dollars,  and  in  cities  having  less  than  five 
hundred  population,  the  mayor's  salary  shall  be  not 
more  than  seventy-five  and  that  of  each  commissioner 
shall  not  be  more  than  fifty  dollars. 

The  compensation  of  the  mayor  and  commission- 
ers shall,  in  cities  of  the  fourth  class,  be  as  follows: 
In  such  cities  having,  at  the  last  preceding  State  or 
National  census,  more  than  ninety  thousand  popula- 

34 


Power  Of  Boards 

tion,  the  mayor's  salary  shall  be  not  more  than  fifty- 
five  hundred  and  that  of  each  commissioner  shall  be 
not  more  than  five  thousand  dollars.  In  cities  hav- 
ing from  forty  thousand  to  ninety  thousand  popula- 
tion, the  mayor 's  annual  salary  shall  be  not  more  than 
four  thousand  and  that  of  each  commissioner  shall 
be  not  more  than  three  thousand  dollars.  In  cities 
having  from  twenty  thousand  to  forty  thousand  pop- 
ulation, the  mayor's  annual  salary  shall  be  not  more 
than  three  thousand,  and  that  of  each  commissioner 
shall  be  not  more  than  twenty-five  hundred  dollars. 
In  cities  having  from  ten  thousand  to  twenty  thous- 
and population,  the  mayor's  annual  salary  shall  be 
not  more  than  twenty-five  hundred,  and  that  of  each 
commissioner  shall  be  not  more  than  two  thousand 
dollars.  In  cities  having  from  five  thousand  to  ten 
thousand  population,  the  mayor's  annual  salary  shall 
be  not  more  than  two  thousand  and  that  of  each 
commissioner  shall  be  not  more  than  fifteen  hundred 
dollars.  In  cities  having  from  twenty-five  hundred 
to  five  thousand  population,  the  mayor's  annual  sal- 
ary shall  be  not  more  than  fifteen  hundred,  and  that 
of  each  commissioner  shall  be  not  more  than  twelve 
hundred  and  fifty  dollars.  In  cities  having  from  one 
thousand  to  twenty-five  hundred  population,  the  may- 
or's annual  salary  shall  be  not  more  than  twelve 
hundred  and  fifty,  and  that  of  each  commissioner 
shall  not  be  more  than  one  thousand  dollars,  in  cities 
having  from  five  hundred  to  one  thousand  popula- 
tion,  the  mayor's  annual  salary  shall  be  not  more 
than  seven  hundred  and  fifty,  and  that  of  each  com- 
missioner shall  be  not  more  than  five  hundred  dollars. 

35 


Commission  Government  Law 

And  in  cities  having  less  than  five  hundred  popula- 
tion, the  mayor's  annual  salary  shall  be  not  more  than 
five  hundred  dollars  and  that  of  each  commissioner 
shall  be  not  more  than  two  hundred  and  fifty  dollars. 

Whenever  an  ordinance  is  to  be  submitted  under 
this  act  to  the  voters  of  the  municipality  at  any 
election,  the  city  clerk  shall  cause  such  ordinance  to  be 
published  in  at  least  two  of  the  newspapers  pub- 
lished in  such  municipality,  such  publication  to  be 
not  more  than  twenty  nor  less  than  five  days  before 
the  submission  of  such  ordinance  to  be  voted  on. 

2.  If  any  proviso,  clause  or  section  of  this  act 
shall  be  declared  invalid  or  unconstitutional,  the 
rest  of  the  act  shall  stand  and  the  proviso,  clause 
or  section  declared  invalid  or  unconstitutional  shall 
be  exscinded  from  this  act.  (P.  L.  1915,  p.  494.) 

Approved  April  13,  1915;  Inconsistent  provi- 
sions repealed. 

The  incumbent  of  the  office  of  city  clerk  of  a  city 
created  by  the  charter  thereof,  with  prescribed  duties  and 
powers  is  not  entitled  on  quo  warranto  to  the  oifice  of  city 
clerk  created  by  the  commissioners  chosen  after  the  adop- 
tion of  this  act,  on  the  ground  that  the  adoption  of  the 
commission  form  cf  government  was  not  created  by  the 
requisite  number  of  votes;  the  office  created  by  the  com- 
mission being  of  a  different  character  from  the  charter 
office.  Morris  vs.  Fagan,  85  N.  J.  Law,  p.  617;  90  Atl. 
Rep.,  p.  267. 

The  management  of  municipal  affairs  under  this  act  is 
entrusted  to  a  beard  of  commissioners,  but  it  largely 
leaves  the  mechanism  of  the  adopting  city's  government 
and  the  provisions  of  its  charter  untouched.  It  does  not 
alter  general  laws  or  charter  provisions  relating  to  the 
government  of  such  city,  except  when  inconsistent  with 
the  provisions  of  this  act.  Salter  vs.  Burk,  83  N.  J.  L., 
p.  152;  83  Atl.  Rep.,  p.  973. 

The  resolution  of  commissioners  removing  from  of- 
fice a  comptroller  for  ignoring  a  supersedeas  staying  the 
payment  of  judgment,  and  for  failure  to  comply  with 

36 


Power  Of  Boards 


provisions  of  the  statutes  and  ordinances  regulating  duties 
of  comptroller,  it  is  held  that  the  power  of  removal  is 
vested  in  commissioners  by  section  4,  and  \vas  legally  ex- 
ercised. Barrett  vs.  Atlantic  City,  85  N.  J.  Law,  p.  134; 

88  Atl.  Rep.,  p.  856;  £6  N.  J.  L.,  p.  675;  92  Atl.  Rep.,  p. 
1086. 

Section  4  (P.  L.  1913,  p.  836)  as  now  amended  vests 
all  judical  powers  and  duties  possessed  by  the  Mayor  and 
common  council  and  other  executive  or  legislative  bodies 
in  the  city  in  the  board  of  commissioners,  and  these 
powers  and  duties  must  be  retained  by  the  board,  and  not 
be  delegated.  Herbert  vs.  Atlantic  Citv,  87  N.  J.  L.,  p. 
98;  93  Atl.  Rep.,  D.  80. 

Where  the  resignation  of  a  commissioner  was  to  take 
effect  on  a  certain  day,  it  became  effective  at  midnight  on 
the  day  preceding,  since  the  law  takes  no  account  of  the 
fractions  of  a  day.  Where  a  commissioner  acted  as  such 
on  the  day  on  which  his  resignation  became  effective,  his 
acts  were  not  those  of  a  de  facto  officer,  since  he  was 
acting  under  no  color  of  right  to  the  office.  Loughran  vs, 
Jersey  City,  86  N.  J.  L.,  p.  422;  92  Atl.  Rep.,  p.  55. 

The  Walsh  act  empowers  the  commission  to  remove 
employees  for  cause,  after  public  hearing,  in  accordance 
with  the  Civil  Service  and  Tenure  of  Office  acts,  where 
such  acts  have  been  adopted.  It  is  manifest,  under  para- 
graph 4,  section  4,  that  removals  can  be  made  "  for  cause 
only  after  a  public  hearing."  "Cause,"  meaning,  just 
cause.  Brokaw  vs.  Burk,  89  N.  J.  L.,  p.  132;  98  Atl.  Rep., 
p.  11;  Disbrow  vs.  Burk,  Ibid;  Johnston  vs.  Burk,  Ibid. 

When  a  city  has  adopted  this  act  its  comptroller,  col- 
lector and  treasurer  are  no  longer  "chief  executive  offi- 
cers," since  section  4  gives  to  the  commissioners  all  exec- 
utive, legislative  and  judicial  powers  formerly  exercised 
by  all  the  city  officers  so  that  their  secretaries  or  steno- 
graphers are  not  in  the  exempt  class.  Feeney  vs.  Burge, 

89  N.  J.  L.,  p.  359;  98  Atl.  Rep.,  p.  192. 

The  Legislative  did  not  intend  by  the  provisions  for 
the  initiative  in  the  Walsh  act  to  make  it  possible  to 
change  fundamentally  the  scheme  of  government  with 
power  concentrated  in  the  commissioners  therein  provided 
for,  and  again  scatter  the  powers  among  different  boards. 
The  act  to  establish  an  excise  department  is  superseded  by 
the  Walsh  act  in  cities  which  adopt  the  latter.  Buohl  vs. 
Beverly,  90  N.  J.,  p.  44;  100  Atl.  Rep.,  p.  328. 

A  director  of  public  safety,  in  a  city  governed  under 
the  provisions  of  the  "Walsh  Act,"  has  the  power,  sitting 
alone,  to  try  a  member  of  the  police  department  on  the 
charges  preferred  against  him,  where  the  board  of  com- 

37 


Commission  Government  Law 

missioners  has,  by  resolution,  and  in  accordance  with  the 
provisions  of  p.  494,  P.  L.  1915,  amending  section  4  of 
the  Walsh  Act,  conferred  upon  such  director  the  judicial 
powers  exercised  by  him.  Crane  vs.  Jersey  City  90  N.  J. 
L.,  p.  109;  103  Atl.  Rep.,  pps.  678  and  1051. 

The  amendment  to  section  4  of  the  Walsh  Act  ap- 
proved April  3,  1915,  takes  from  the  board  of  commis- 
sioners jurisdiction  to  try  charges  against  a  police  officer, 
and  vests  such  jurisdiction  in  the  commissioner  of  the  de- 
partment of  public  safety.  Foley  vs.  City  of  Orange.  91 
N.  J.  L.,  p.  554;  103  Atl.  Rep.,  p.  743. 

Under  P.  L.  1915,  p.  495,  sec.  4,  distributing  judicial 
as  well  as  executive  and  legislative  powers,  authorities 
and  duties  among  the  five  city  departments,  the  jurisdic- 
tion to  try  delinquent  police  officers  is  vested  in  the  com- 
missioner of  the  department  of  public  safety.  The  board 
of  commissioners  having  a  police  officer,  conviction  and 
order  of  dismissal  in  no  jurisdiction  to  hear  and  determine 
charges  against  proceedings  before  such  board  will  be  set 
aside,  although  the  commissioner  of  public  safety  who 
had  jurisdiction  to  try  officer  dismissed  heard  testimony 
and  voted  for  conviction  and  dismissal.  Apple  vs.  Atlantic 
City.  91  N.  J.  L.,  p.  000;  104  Atl.  Rep.,  p.  89.  Brennan 
vs.  Mayor  and  Alderman  of  Jersey  City.  92  N.  J.  L.,  p. — 
104  Atl.  Rep.,  p.  90. 

Concerning  Salaries 

1.  It  shall  be  lawful  for  the  board  of  commis- 
sioners of  any  city  in  this  State  which  has  adopted, 
or  shall  hereafter  adopt  the  provisions  of  t*ie  act  to 
which  this  act  is  supplemental,  to  increase,  by  ordin- 
ance the  compensation  which  the  Mayor  and  Com- 
missioners shall  receive;  provided,  the  amount  of 
such  increase  shall  in  no  instance  exceed  fifty  per 
centum  of  the  salary  as  fixed  by  the  act  to  which 
this  act  is  supplemental;  and  provided,  further,  that 
no  ordinance  passed  under  the  authority  of  this  act 
shall  become  effective  in  any  such  city  until  after  its 
provisions  have  been  submitted  to  the  electorate  and 
adopted  by  a  majority  of  the  qualified  voters  voting 

38 


Power  Of  Boards 

thereon  at  a  general  or  regular  municipal  election. 
(P.  L.  1917,  p.  767.) 

Approved  March  29,  1917. 

Succeed  to  Power  of  Certain  Former 
Bodies 

1.  Whenever  the  provisions  of  the  act  to  which 
this  act  is  supplemental  have  been  adopted  by  any 
municipality,  either  prior  or  subsequent  to  the  pass- 
age of  this  act,  all  boards  and  bodies,  whether  State 
or  local  municipal  agencies,  then  existing  in  such 
municipality  (except  the  board  of  education  and  the 
district  court  or  courts)  shall  be  ipso  facto  abolished, 
and  all  the  powers  and  duties  devolved  by  law  upon 
such  boards  and  bodies  shall  pass  to,  vest  in  and  be 
performed  by  the  board  of  commissioners  elected 
under  the  provisions  of  the  act  to  which  this  act  is 
supplemental;  provided,  however,  that  nothing  in 
this  act  contained  shall  be  construed  to  prohibit  the 
creation  of  subordinate  boards  as  authorized  by  para- 
graph four  of  section  four  of  said  act  to  which  this 
act  is  supplemental. 

2.  The  enacting  clause  of  all  ordinances  passed 
by  the  board  of  commissioners  shall  be,  "The  Board 
of  Commissioners  of  the  (insert  name  of  municipal- 
ity) do  ordain, "  and  all  procedings  for  the  recovery 
of  penalties  for  the  violation  of  the  ordinances  of  the 
municipality  shall  be  commenced  and  prosecuted  in 
the  corporate  name  of  the  municipality. 


39 


Commission  Government  Law 

3.  The  board  of  commissioners  shall  have,  pos- 
sess and  exercise  all  the  power  that  shall  be  granted 
to  the  boards  and  bodies  supplanted  by  it,  by  laws 
enacted  subsequently  to  the  organization  of  said 
board,  unless  such  power  shall  be  expressly  withheld! 
(P.  L.  1913,  p.  581.) 

Approved  April  9,  1913. 

An  ordinaries  regulating  conditions  governing  the 
sale  of  milk  or  cream  (the  pure  food  law),  adopted  by  a 
city  having  a  commission  form  of  government,  invested 
under  the  Walsh  Act  with  powers  conferred  upon  a 
Board  of  Health  under  Act  of  March  29,  1904,  (P.  L.  1904, 
p.  344),  section  4,  is  invalid,  the  commissioners  suc- 
ceeding to  the  powers  of  the  Board  of  Health.  Jersey 
City  vs.  Hennessey.  106  Atl.  Rep.,  p.  405. 

Shall  Control  Places  of  Amusements 
Etc. 

1.  In  order  to  lessen  the  dangers  caused  by  fire, 
explosion  and  panic,  the  board  of  commissioners  shall 
have  power  to  regulate  the  use  of  dance  halls, 
schools,  churches,  theatres,  opera  houses,  and  all 
buildings  used-  for  public  entertainment  or  amuse- 
ment ;  to  compel  the  owners,  lessees,  or  persons  oper- 
ating or  controlling  the  same  to  provide  adequate 
and  sufficient  exits  and  fire  escapes  therefrom,  and  to 
prevent  the  obstruction  thereof;  to  properly  guard 
all  lights  and  electric  wires  therein:  to  regulate  the 
construction,  installation  and  use  of  moving  picture 
machines,  scenery  and  other  apparatus  and  appli- 
ances used  in  such  buildings. 

2.  Said  board  shall  have  power  to  prescribe 
penalties  for  the  violation  of  any  ordinance  or  regula- 
tion which  they  are  empowered  to  make  by  the  act 

40 


Power  Of  Boards 

to  which  this  act  is  a  supplement,  or  by  any  amend- 
ment thereof  or  supplement  thereto.  (P.  L.,  1913, 
p.  197.) 

Approved  March  25,  1913. 

Power  Over  Excise  Matters 

1.  Whenever  the  provisions  of  the  act  to  which 
this  act  is  supplemental  have  been  adopted  by  any 
municipality  having  within  their  territorial  limits  a 
population  of  over,  ten  thousand  inhabitants,  the  com- 
missioners elected  either  prior  or  subsequent  to  the 
passage  of  this  act,  under  the  act  to  which  this  act 
is  supplemental  shall  act  as  an  excise  board  in  said 
municipality  and  said  commissioners  acting  as  such  ex- 
cise board  shall  have  power  jwithin  such  municipality 
to  make,  establish,  amend  or  repeal  ordinances  and 
by-laws ;  to  license  and  regulate  the  sale  of  intoxicat- 
ing liquors  in  said  municipality;  to  prescribe  by  or- 
dinance the  form  of  application  to  be  used,  and  to  fix 
the  amount  of  license  fees  to  be  paid  for  the  various 
licenses  that  may  be  used,  and  when  licensed,  to  re- 
voke or  transfer  such  licenses,  and  to  prohibit  all 
traffic  in  or  sale  of  intoxicating  drink  or  drinks,  to 
license,  regulate  or  prohibit  billiard  saloons  or  bowling 
alleys  and  to  prescribe  and  enforce  a  penalty  or  pen- 
alties either  by  a  fine  not  exceeding  two  hundred 
dollars  or  imprisonment  in  the  county  jail  or  in  any 
place  provided  by  the  municipality  for  the  detention 
of  prisoners,  not  exceeding  ninety  days  or  both,  for 
the  violation  of  such  ordinances  or  by-laws,  which 
said  penalties  shall  be  enforced  and  collected  by  said 
board  of  commissioners  acting  as  an  excise  board  in 
such  municipalities  in  the  same  manner  as  other  pen- 

41 


Commission  Government  Law 

alties  are  enforced  and  collected  in  any  municipality, 
and  that  every  ordinance  or  by-law  of  said  commis- 
sioners acting  as  an  excise  board  in  said  municipality 
shall  be  introduced  and  passed  in  the  same  manner 
that  other  ordinances  are  introduced  and  passed  in 
said  municipality  except  franchise  ordinances ;  and  no 
license  for  such  purposes  within  said  municipality, 
granted  by  any  other  authority,  shall  be  lawful;  that 
all  fees  for  licenses  granted  by  said  commissioners 
Acting  as  an  excise  board  for  said  municipality  shall 
be  paid  to  the  clerk  of  said  municipality  who  shall, 
in  addition  to  his  other  duties,  act  as  clerk  of  said 
commissioners  acting  as  an  excise  board  in  said 
municipality,  and  by  him  said  fees  shall  be  paid  over 
to  the  treasurer  of  said  municipality ;  provided,  how- 
ever, that  nothing  in  this  act  contained  shall  be  held 
to  repeal  or  alter  any  law  of  this  State  concerning  any 
misdemeanor  or  other  crime,  and  that  no  license  shall 
be  prescribed  or  issued  for  any  character  of  business 
different  from  that  now  permitted  by  law  or  any 
license  fee  fixed  for  any  amount  less  than  the  mini- 
mum amount  fixed  by  law;  provid-ed,  however,  that 
nothing  in  this  act  contained  shall  be  construed  to  pro- 
hibit the  board  of  commissioners  in  cities  adopting  the 
provisions  of  the  act  to  which  this  act  is  supplemental 
from  the  creation  of  a  subordinate  excise  board  in  the 
same  manner  as  the  creation  of  other  subordinate 
boards  is  authorized  by  paragraph  four  of  section  four 
of  said  act  to  which  this  act  is  supplemental.  (P.  L. 
1918,  p.  1086). 

Approved  March  6,  1918. 

2.  Whenever  the  provisions  of  the  act  to  which 
this  act  is  supplemental  have  been  adopted  by  any 

42 


Power  Of  Boards 

municipality  either  prior  or  subsequent  to  the  pass- 
age of  this  act,  this  act  shall  abrogate,  repeal  and 
annul  all  acts  or  parts  of  acts  then  existing,  whether 
general  or  special,  in  anywise  affecting  the  gover- 
ment  of  such  municipality  , which  are  contrary  to  or 
inconsistent  with  the  provisions  of  this  act.  (P.  L. 
1918,  p.  1088.) 

Approved  March  6,  1918 

3.  If  any  proviso,  clause  or  section  of  this  act 
shall  be  attacked  in  any  court,  and  it  shall  be  declared 
invalid  or  unconstitutional,  the  rest  of  this  act  shall 
stand  and  the  proviso,  clause  or  section  declared  in- 
valid or  unconstitutional  shall  be  exscinded  from  this 
act.     (P.  L.  1918,  p.  1088.) 

Approved  March  6,  1918. 

4.  Nothing  contained  herein  shall  be  construed 
to  repeal  or  affect  the  act  entitled  <fAn  act  to  prohibit 
the  sale,  or  offer,  or  expose  for  sale,  or  furnishing  or 
otherwise  dealing  in  intoxicating  liquor  as  a  beverage 
and  the  granting  of  licenses  therefor    in    any    town, 
tqwnship,  village,  borough,  city  or  other  murr'cipality 
(not  a  county)  in  this  State  where  the    legal    voters 
thereof  shall  decide  by  a  majority  vote  in  favor    of 
such  prohibition  or  the  continuance     thereof,"     ap- 
proved January  twenty-ninth,  nineteen  hundred  and 
eighteen,  or  the  act  entitled  "An  act  to  regulate  the 
sale,  or  offer,  or  exposure  for  sale,  or  furnishing  or 
otherwise  dealing  in  intoxicating  liquor  as  a  beverage 
and  the  granting  of  licenses    therefor    in    any    town 
township,  village,  borough,  city  or  other  municipality 
(not  a  county)  in  this  State,  by  ordinance,  where  the 
legal  voters  of  such  municipality  shall  initiate  and 
vote  in  favor  of  such  ordinance,"  approved  January 

43 


Commission  Government  Law 

twenty-ninth,   nineteen  hundred   and   eighteen.      (P. 
L.  1918,  p.  1088.) 

Approved  March  6,  1918. 

Regulate  Sale  of  Liquors 

1.  AVhenever  the  provisions  of  the  act  to  which 
this  act  is  supplemental  have  been  adopted  by  any  city, 
either  prior  or  subsequent  to  the  passage  of  this  act, 
such  cities  shall  be  and  are  hereby  vested  with  pow- 
er and  authority  to  enact  and  enforce  by  imposition 
of  reasonable  fines  or  imprisonment,  or  both,  all  ordi- 
nances necessary  for  the  protection  of  life,  health 
and  property  and  for  the  enforcement  of  all  laws  of 
the  State  regulating  the  sale  of  spirituous,  vinous, 
malt  and  brewed  liquors;  to  declare  and  prevent  and 
summarily  to  abate  nuisances,  whether  caused  by 
the  sale  of  spirituous,  vinous,  malt,  intoxicating  and 
brewed  liquors,  or  otherwise;  to  preserve  and  enforce 
the  good  government  and  general  welfare,  order  and 
security  of  such  city,  and  shall  have  all  powers  nec- 
essary for  its  government  not  in  conflict  with  the 
laws  applicable  to  all  cities  of  this  State  or  the  pro- 
visions of  the  Constitution.  (P.  L.  1916,  p.  306.) 

Approved  March  17,  1916. 

Convention  and  Amusement  Halls 

1.  The  commissioners  in  every  city  which  has 
adopted  the  provisions  of  an  act  entitled  "An  act 
relating  to,  regulating  and  providing  for  the  govern- 
ment of  cities,  towns,  townships,  boroughs,  villages 
and  municipalities  governed  by  boards  of  commission- 
ers or  improvement  commissions  in  this  State/'  which 

44 


Power  Of  Boards 

act  was  approved  April  twenty-fifth,  one  thousand 
nine  hundred  and  eleven,  the  title  of  which  act  was 
amended  to  read  as  above  set  forth  by  an  act  ap- 
proved April  second,  one  thousand  nine  hundred  and 
twelve,  may  by  ordinance  acquire  the  necessary  land 
and  authorize  and  provide  for  the  construction  there- 
on of  a  building  or  buildings  suitable  for  conventions, 
temporary  or  permanent  exhibitions,  entertainments, 
receptions,  lectures,  addresses,  assemblages  and  other 
like  purposes,  and  may  lease  all  of  any  portion  of 
such  building  or  buildings  and  premises  for  such  pur- 
poses or  for  any  other  purpose  which  in  their  discre- 
tion they  may  deem  advisable,  including  the  sale  of 
merchandise  and  privileges,  and  may  equip  such  build- 
ing or  buildings  for  the  purposes  herein  mentioned, 
and  may  by  ordinance  provide  from  time  to  time  for 
the  issue  of  bonds  in  such  amounts  as  may  be  necessary 
for  such  purposes,  provided  that  the  bonds  issued  for 
the  above  purposes  shall  not  be  included  in  the  debt 
limit  of  such  city  to  the  extent  that  the  income  from 
such  enterprise  shall  carry  the  interest  falling  due 
upon  the  bonds  and  the  sinking  fund  provided  for 
their  payment.  (P.  L.,  1916,  p.  372). 
Approved  March  17,  1916. 

Meetings  of  Board 

5.  The  board  of  commissioners  shall  designate 
the  time  of  holding  regular  meetings,  which  shall  be 
at  least  once  a  week,  and  special  meetings  may  be 
called  from  time  to  time  by  the  mayor  or  by  two 
commissioners.  All  meetings  of  the  commissioners, 
whether  regular  or  special,  shall  be  open  to  the  pub- 

45 


Commission  Government  Law 

lie  and  any  citizen  may  have  access  to  the  minutes 
upon  application  to  the  city  clerk. 

The  mayor  shall  be  president  of  the  board  and 
shall  preside  at  its  meetings  and  supervise  all  de- 
partments and  report  to  the  board  for  its  action  all 
matters  requiring  the  attention  of  the  board  or  any 
department.  Director  of  the  department  of  revenue 
and  finance  shall  be  vice-president  of  the  board  and, 
in  case  of  vacancy  in  the  office  of  mayor,  shall  per- 
form the  duties  of  that  office.  (P.  L.  1911,  p.  468). 

Approved  April  25,  1911. 

Passage  of  Ordinances  &  Franchises 

6.  Every  ordinance  or  resolution  appropriating 
money,  or  ordering  any  street  improvement,  or  sew- 
er, or  authorizing  the  making  of  any  contract  or 
granting  any  franchise,  or  the  right  to  occupy  or 
use  the  streets,  highways,  bridges  or  public  places  of 
the  city  for  any  purpose,  shall  be  complete  in  the 
form  in  which  it  is  finally  passed  and  remain  on  file 
jwith  the  city  clerk  for  public  inspection  at  least  two 
weeks  before  the  final  passage  or  adoption  thereof. 
No  franchise,  or  right  to  occupy  or  use  the  streets, 
highways,  bridges  or  public  places  in  any  city  shall 
be  granted,  renewed  or  extended  except  by  ordinance : 
and  every  such  ordinance  shall  be  published  in  said 
city  before  being  finally  passed  upon  and  must  re- 
ceive the  approval,  by  vote,  of  one  more  than  a  major- 
ity of  all  the  members  before  being  finally  acVpterl. 
(P.  L.  1912,  p.  649.) 

Approved  April  2,  1912. 

Certiprari,  and  not  quo  warranto,  is  the  proper  reme- 
dy to  review  an  ordinance  which  created  a  new  position  or 

46 


Inhibitions  Upon  Officials 

office  where  the  object  is  to  abolish  the  office  ,and  not  to 
oust  the  incumbent  therefrom.  Laughran  vs.  Jersey  City, 
86  N.  J.  L.,  p.  442;  92  Atl.  Rep.,  p.  55. 

7.  No  officer  or  employee,  elected  or  appointed 
in  any  such  city,  shall  be  interested,  directly  or  in- 
directly, in  any  contract  or  job  for  work  or  materials, 
or  the  profits  thereof,or  services  to  be  furnished  or 
performed  for  the  city,  and  no  such  officer  or  em- 
ployee shall  be  interested,  directly  or  indirectly,  in 
any  contract  or  job  for  work  or  materials  or  the  prof- 
its thereof,  or  services  to  be  furnished  or  performed, 
for  any  person,  firm  or  corporation,  operating  inter- 
urban  railway,  street  railway,  gas  works,  water  works, 
electric  light  or  power  plant,  heating  plant,  telegraph 
line,  telephone  exchange,  or  other  public  utility  with- 
in the  territorial  limits  of  said  city.  No  such  officers 
or  employee  shall  accept  or  receive,  directly  or  in- 
directly, from  any  person,  firm  or  corporation,  op- 
erating within  the  territorial  limits  of  said  city  any 
interurban  railway,  street  railway,  gas  {works,  water 
works,  electric  light  or  power  plant,  heating  plant, 
telegraph  line,  telephone  exchange,  or  other  business 
using  or  operating  under  a  public  franchise,  any 
frank,  free  pass,  free  ticket,  or  free  service,  or  accept 
or  receive,  directly  or  indirectly,  from  any  such  per- 
son, firm  of  corporation,  any  other  service  upon 
terms  more  favorable  than  is  granted  to  the  public 
generally.  And  for  the  violation. of  tnese  provisions 
the  offender  shall  be  punished  as  now  provided,  or 
may  be  provided  hereafter  by  law  or  ordinance. 

Such  prohibition  of  free  transportation  shall  not 
apply  to  policemen  or  firemen  in  uniform;  nor  shall 
any  free  service  to  city  officials  heretofore  provided 

47 


Commission  Government  Law 

by  any  franchise  or  ordinance  be  affected    by     this 
section.       (P.  L.  1911,p.  469.) 
Approved  April  25,  1911. 

Bond  Restriction 

8.  All  cities  adopting  the  provisions  of  this  act 
shall  be  and  are  hereby  vested  with  the  general 
powers  and  authority  to  enact  and  enforce  by  impo- 
sition of  reasonable  fines  or  by  imprisonment  or  both 
all  ordinances  necessary  for  the  protection  of  life, 
health  and  property ;  to  declare  and  prevent  and  sum- 
marily to  abate  nuisances;  to  preserve  and  enforce 
the  good  government  and  general  welfare,  order  and 
security  of  such  city,  and  shall  have  all  powers  nec- 
essary for  its  government  not  in  conflict  with  the  laws 
applicable  to  all  cities  of  this  State  or  the  pro- 
visions of  the  Constitution.  Provided,  however,  that 
no  ordinance  or  resolution  increasing  the  net  bonded 
indebtedness  of  the  city  to  a  sum  in  excess  of  fifteen 
per  centum  of  the  assessed  valuation  of  all  property 
within  said  city  shall  be  valid  unless  the  same  shall 
be  first  submitted,  by  a  special  election,  to  the  voters 
of  the  city  and  receive  the  approval  of  a  majority 
of  the  voters  actually  voting  at  such  election.  The 
net  bonded  indebtedness  of  the  city  shall  be  deter- 
mined by  deducting  from  the  total  bonded  indebted- 
ness of  the  city  all  bonds  of  the  city  held  in  its  sink- 
ing funds,  and  all  cash  or  authorized  investments 
other  than  bonds  of  the  city  held  in  such  sinking 
funds,  and  by  further  deducting  all  bonds  of  the 
city,  the  payment  of  which  is  provided  for  in  the  tax 
levy  of  the  current  fiscal  year,  and  all  bonds  issued 
to  provide  a  supply  of  water. 

48 


Bond  Restriction 

All  ordinances  or  resolutions  heretofore  passed 
in  any  such  cities,  not  inconsistent  with  the  rights 
and  pqwers  herein  granted  shall  remain  in  full  force 
and  effect  until  altered  or  repealed  by  the  commis- 
sioners in  the  manner  herein  provided.  (P.  L.  1912 
p.  650.) 

Approved  April  2,  1912. 

This  section  was  amended  by  the  Home  Rule  Act,  P. 
L.  1914,  p.  254,  to  read: 

"8.  All  cities  adopting  the  provisions  of  this  act  shall 
be  and  are  hereby  vested  with  the  general  powers  and 
authority  to  enact  and  enforce  by  imposition  of  reasonable 
fines  or  by  inprisonment  or  both  all  ordinances  necessary 
or  proper  for  the  protection  of  life,  health  and  property; 
to  declare  and  prevent  and  summarily  to  abate  nuisance; 
to  secure,  advance,  preserve  and  enforce  tbs  good  govern- 
ment and  general  welfare,  order,  prosperity  and  securitv 
of  such  city;  and  shall  have  all  powers  which  it  shall 
deem  necessary  or  convenient  for  its  government  or  for 
its  welfare  and  prosperity  not  in  conflict  with  the  laws 
applicable  to  all  cities  of  this  State  or  the  provisions  cf 
the  constitution;  which  powers  shall  be  exercised  by  the 
board  of  commissioners  subject  to  the  provisions  of  this 
act.  Provided,  however,  that  no  ordinance  or  resolution 
increasing  the  net  bonded  indebtedness  of  the  city  to  a 
sum  in  excess  of  fifteen  per  centum  of  the  assessed  valua- 
tion of  all  property  within  said  city  shall  be  valM  unless 
the  same  shall  be  first  submitted,  by  a  special  election,  to 
the  voters  of  the  city  and  received  the  approval  of  a  ma- 
jority of  the  voters  actually  voting  at  such  election.  The 
net  bonded  indebtedness  of  the  city  shall  be  determined  by 
deducting  from  the  total  bonded  indebtedness  of  the  city 
all  bonds  of  the  city  held  in  its  sinking  funds,  and  all  cash 
or  authorized  investments  other  than  bonds  of  the  city 
held  in  such  sinking  funds,  and  by  further  deducting  all 
bonds  of  the  city,  the  payment  of  which  is  provided  for 
in  the  tax  levy  of  the  current  fiscal  year,  and  all  bonds 
issued  to  provide  a  supply  of  water. 

"All  ordinances  or  resolutions  heretofore  passed  in 
any  such  cities,  not  inconsistent  with  the  rights  and  powers 
herein  granted,  shall  remain  in  full  force  and  effect  until 
altered  or  repealed  by  the  commissioners  in  the  manner 
herein  provided."  Approved  April  9,  1914. 

Under  the  decision  in  Del.  Riv.  Trans.  Co.  vs.  Trenton, 
85  N  J.  L,  p.  479;  90  Atl.  Reo.,  p.  731;  86  N.  J.  L.,  p.  48; 

49 


Commission  Government  Law 


91  All.  Rep.  p.  1068;  86  N.  J.  L.,  p.  679,  this  section  (as 
amended  1914)  is  set  aside  as  contravening  Art.  4,  §7, 
par.  11  of  the  State  Constitution. 

By  this  act  the  management  of  municipal  affairs  is  in- 
trusted to  a  board  of  commissioners;  but  it  largely  leaves 
the  mechanism  of  the  adopting  city's  government  and  the 
provisions  of  is  charter  untouched.  It  does  not  alter 
general  laws  or  charter  provisions  relating  to  the  gov- 
ernment of  such  city,  except  when  inconsistent  with  its 
provisions.  Salter  vs.  Burke  et  al.,  83  N.  J.  L.  p.  152;  83 
Atl.  Rep.,  p.  973. 

A  license  granted  for  an  inn  and  tavern  by  the  com- 
missioners of  a  city  in  violation  of  an  ordinance  passed 
by  an  excise  commission  in  office  Before  this  act,  was 
adopted,  under  the  excise  act  of  1910,  p.  238;  is  void. 
Landon  vs.  Gilbert,  86  N.  J.,  p.  551;  91  Atl.  Rep.,  p.  1035. 

A  building  code,  adopted  under  a  former  city  govern- 
ment, was  confirmed  and  validated  in  so  far  as  operative, 
on  the  day  when  the  municipality  adopted  the  Walsh  act, 
in  view  of  section  8,  providing  that  all  ordinances  or  reso- 
lutions theretofore  passed,  not  insistent  with  the  rights 
and  powers  given  by  the  Walsh  act,  and  these  ordinances 
and  resolutions  remain  in  full  force  until  repealed  by  the 
commissioners.  Ninth  St.  Improvement  Co.  vs.  Ocean 
City,  90  N.  J.  L.,  p.  106;  100  Atl.  Rep.,  p.  568. 

Under  section  8  of  the  Walsh  act,  empowering  the 
city  to  enact  and  enforce  all  ordinances  necessary  for  the 
protection  of  life,  health  and  property,  to  declare,  prevent 
and  abate  nuisances,  and  to  preserve  and  enforce  the  good 
government,  general  welfare,  order  and  security  of  the 
city  by  the  passage  of  ordinances  consonant  with  the 
laws  applicable  to  all  cities  of  the  state  and  the  provi- 
sions of  the  Constitution,  the  city  has  the  power  by  or- 
dinance to  regulate  the  erection  and  management  of 
garages  as  a  police  measure.  Ninth  St.  Improvement  Co. 
vs.  Ocean  City,  90  N.  J.  L.,  p.  106;  100  Atl.  Rep.,  p.  658. 

Control  of  Candidates 

9.  All  officers  and  employees  in  any  such  city 
shall  be  elected  or  appointed  with  reference  to  their 
qualifications  and  fitness,  and  for  the  good  of  the 
public  service,  and  without  reference  to  their  political 
faith  or  party  affiliations.  It  shall  be  unlawful  for 
any  candidate  for  office,  or  any  officer  in  any  such 

50 


Publish  Financial  Statements 

city,  directly  or  indirectly  to  give  or  promise  any 
person  or  persons  any  office,  position,  employment, 
benefit  or  anything  of  value  for  the  purpose  of  in- 
fluencing or  obtaining  the  political  support,  aid  o,' 
vote  of  any  person  or  persons  under  the  penalty  of 
being  disqualified  to  hold  office  to  which  he  may 
have  been  elected  or  appointed. 

Every  elective  officer  in  any  such  city  shall,  with- 
in ten  days  after  qualifying,  file  with  the  city  clerk, 
and  publish  at  least  once  in  a  newspaper  printed  and 
published  in  such  city,  and  if  no  newspaper  is 
printed  or  published  in  such  city,then  a  newspaper 
of  general  circulation  in  such  city,  his  sworn  state- 
ment of  all  his  election  and  campaign  expenses,  ai-vl 
by  whom  such  funds  were  contributed.  Any  viola- 
tion of  the  provisions  of  this  section  shall  be  a  misde- 
meanor, and  a  ground  for  removal  from  office.  (P. 
L.  1911,  p.  471.) 

Approved  April  25,  1911. 

Publish  Financial  Statements 

10.  The  board  of  commissioners  shall  each 
month  publish  in  at  least  one  newspaper  in  such  city, 
or  print  in  pamphlet  form,  a  detailed  itemized  state- 
ment of  all  the  receipts  and  expenses  of  the  city  and 
a  summary  of  its  proceedings  during  the  preceding 
month,  and  shall  file  and  furnish  printed  copies  there- 
of to  all  persons  who  shall  apply  therefor  at  the  office 
of  the  city  clerk.  At  the  end  of  each  year  the  board 
of  commissioners  shall  cause  a  full  and  complcto  ex- 
amination of  all  the  books  and  accounts  of  the  city 
to  be  made  by  competent  accountants,  and  shall  pub- 
lish the  result  of  this  examination  in  the  manner 

51 


Commission  Government  Law 

above  provided  for  the  publication  of  monthly  ex- 
penditures.   (P.  L.  1911,  p.  471.) 
Approved  April  25,  1911. 

Control  of  Appropriations 

11.  If,  at  the  beginning  of  the  term  of  office  of 
the  first  board  of  commissioners  elected  in  such  city 
under  the  provisions  of  this  act,  the  appropriations 
for  the  expenditures  of  the  city  government  for  the 
then  current  fiscal  year  have  been  made,     the     said 
board  of  commissioners  shall  have  power,    by    ordi- 
nance, to  revise,  repeal  or  change    such    appropria- 
tions and  to  make  additional  appropriations.       (P.  L. 
1911,  p.  472.) 

Approved  April  25,  1911. 

Public  Instruction  Exempted 

12.  The   system   of   public    instruction    in    any 
city  adopting  the  provisions  of  this  act  shall  in  no 
way  be  affected  by  this  act.     (P.  L.  1911,  p.  472.) 

Approved  April  25,  1911. 

Return    Requirements 

13.  (Superseded  by  P.  L.  1914,  p.  170  and  P. 
L.  1917,  p.  898,  see  p.  65;  post.) 

Municipal  Election 

14.  First  paragraphs  are  superseded  by  P.  L. 
1914,  p.  170,  and  P.  L.  191?',  p.  898,  see  p.  65 ;  post. 


»*-••*•-••'* 


The  registry  for  elections  held  under  the  provi- 
sions of  this  act  shall  be  the  official  registry  list  con- 
taining the  names  of  those  persons  qualified  to  vote 
at  the  last  preceding  general  election;  transfers  from 
one  district  to  another  shall  be  granted  as  provided 

52 


Return    Requirements 

by  the  la,ws  appertaining  to  general  elections  in  this 
State. 

Qualified  voters  who  did  not  vote  at  the  general 
election  preceding  the  holding  of  the  primary  elec- 
tions or  the  elections  provided  for  under  this  act  may 
have  their  names  added  to  the  registry  roll  by  apply- 
ing to  the  judge  of  the  Court  of  Common  Pleas  of 
the  county  in  which  such  election  is  to  be  held  at  any 
time  during  the  week  preceding  the  holding  of  such 
election  for  the  adoption  of  the  act  or  the  primary 
election  or  elections,  and  if  upon  such  application  it 
is  made  to  appear  to  such  judge  that  such  person  is 
a  qualified  elector  and  is  entitled  to  vote  at  said 
election,  an  order  shall  be  made  by  such  judge  direct- 
ing the  proper  district  board  of  election  to  accept 
such  vote  and  such  order  shall  be  filed  with  the  dis- 
trict board  of  election  and  shall  be  returned  by  said 
board  to  the  clerk  of  the  municipality  wherein  such 
election  is  held  immediately  after  the  holding  of 
such  election,  to  be  kept  and  filed  in  the  office  of  such 
clerk  for  at  least  a  period  of  one  year;  provided, 
there  shall  be  presented  by  such  voter  and  then  shall 
be  filed  with  said  order  an  affidavit  of  said  voter  con- 
taining the  information  requisite  to  be  given  under 
the  electon  and  registry  laws  of  this  State.  Names 
may  also  be  added  to  registry  lists  for  any  of  the 
elections  provided  for  under  this  act  by  the  order  of 
the  county  board  of  elections,  in  the  manner  pre- 
scribed for  adding  names  to  registry  lists  by  the 
county  board  of  elections  for  special  elections  to  be 
held  in  any  city  of  this  State,  as  provided  for  in  an 
act  entitled  "An  act  to  regulate  elections  (Revision 

53 


Commission  Government  Law 

of  1898),  approved  April  fourth,  one  thousand  eight 
hundred  and  ninety-eight,"  and  the  acts  supplemen- 
tary thereto  and  amendatory  thereof. 

Official  ballots  shall  not  be  distributed  or  used 
outside  the  voting  place  at  any  of  the  elections  pro- 
vided for  under  this  act,  and  all  the  provisions  of  the 
la|\vs  relating  to  general  elections  bearing  upon  the 
subject  of  the  distribution  and  use  of  official  ballots 
shall  apply  as  nearly  as  may  be  to  the  ballots  used  at 
the  election  held  under  the  provisions  of  this  act,  ex- 
cept that  there  shall  be  no  official  distribution  of 
sample  ballots.  (P.  L.  1913,  p.  842.) 

Approved  May  29,  1913. 

Votes  of  Discharged  Service  Men 

1.  Any  legal  voter  of  this  State,  in  the  military 
or  the  naval  service  of  the  United  States,  or  who  may 
have  been  discharged  from  such  service  subsequent 
to  the  time  provided  by  law  for  the  registration  of 
voters  entitled  to  vote  at  any  election  held  under  any 
law  of  this  State,  who  shall  satisfy  the  board  of 
registry  and  election  of  the  election  district  in  which 
he  resides  of  his  right  to  vote  therein  shall  be  per- 
mitted to  vote  at  any  such  election  in  the  same  manner 
as  if  he  had  registered  for  such  election  in  the  man- 
ner provided  by  law.  (P.  L.,  1919,  p.  588) . 

Approved  April  17,  1919 

Recall 

15.  *  This  part  of  section  substi- 

tuted by  P.  L.  1915,  p.  622  and  P.  L.  1917,  p.  48,  see 
p.  76,  post. 

No  person  who  has  been  recalled  from  elective 
54 


Initiative 

office,  or  who  has  resigned  from  such  office,  while  re- 
call proceedings  were  pending  against  him,  shall  be 
appointed  to  any  office  (within  one  year  after  such 
recall  or  resignation. 

No  recall  petition  shall  be  filed  against  any  of- 
ficer until  he  has  actually  held  his  office  for  at  least 
one  year,  and  but  one  recall  petition  shall  be  filed 
against  the  same  officer  in  any  one  calendar  year  dur- 
ing his  term  of  office.  (P.  L.  1913,  p.  844.) 

Approved  May  29,  1913. 

Initiative 

16.  Any  proposed  ordinance  may  be  submitted 
to  the  board  of  commissioners  by  petition  signed  by 
electors  of  the  city  equal  in  number  to  the  percentage 
hereinafter  required.  The  signatures,  verification, 
authentication,  inspection,  certification,  amendment 
and  submission  of  such  petition  shall  be  the  same  as 
provided  for  petitions  under  the  last  section. 

If  the  petition  accompanying  the  proposed  ordi- 
nance be  signed  by  electors  equal  in  number  to  fifteen 
per  centum  of  the  votes  cast  at  the  last  preceding 
general  election,  and  contains  a  request  that  the  said 
ordinance  be  submitted  to  a  vote  of  the  people  if  not 
passed  by  the  board  of  commissioners,  such  board  of 
commissioners  shall  either — 

(a)  Pass  said  ordinance  without  alteration  with- 
in twenty  days  after  attachment  of  the  clerk's  certi- 
ficate to  the  accompanying  petition,  or 

(b)  Forthwith,  after  the  clerk  shall  attach  to 
the  petition  accompanying  such  ordinance  his  certifi- 
cate of  sufficiency,  the  board  of  commissioners  shall 
call  a  special  election,  unless  a  general     municipal 

55 


Commission  Government  Law 

election  is  fixed  within  ninety  days  thereafter,  and  at 
such  special  or  general  municipal  election,  if  one  is 
so  fixed,  such  ordinance  shall  be  submitted  without 
alteration  to  the  vote  of  the  electors  of  the  city. 

But  if  the  petition  is  signed  by  not  less  than  ten 
nor  more  than  fifteen  per  centum  of  the  electors,  as 
above  defined,  then  the  board  of  commissioners  shall 
within  twenty  days,  pass  said  ordinance  without 
change,  or  submit  the  same  at  the  next  general  city 
election  ocurring  not  more  than  thirty  days  after  the 
clerk's  certificate  of  sufficiency  is  attached  to  said 
petition. 

The  ballots  used  when  voting  upon  said  ordin- 
ance shall  contain  these  words  :  "For  the  ordinance" 
(stating  the  nature  of  the  proposed  ordinance)  and 
"Against  the  ordinance"  (stating  the  nature  of  the 
proposed  ordinance).  If  a  majority  of  the  qualified 
electors  voting  on  the  proposed  ordinance  shall  vote 
in  favor  thereof,  such  ordinance  shall  thereupon  be- 
come a  valid  and  binding  ordinance  of  the  city;  and 
any  ordinance  proposed  by  petition,  or  which  shall 
be  adopted  by  a  vote  of  the  people,  cannot  be  repeal- 
ed or  amended  except  by  a  vote  of  the  people. 

Any  number  of  proposed  ordinances  may  be 
voted  upon  at  the  same  election  in  accordance  with 
the  provisions  of  this  section;  but  there  shall  not  be 
more  than  one  special  election  in  any  period  of  six 
months  for  such  purpose. 

The  board  of  commissioners  may  submit  a  propo- 
sition for  the  repeal  of  such  ordinance  or  for 
amendment  thereto,  to  be  voted  upon  at  any  suc- 
ceeding general  city  election,  and  should  such  propo- 

56 


Initiative 

sition  so  submitted  receive  a  majority  of  the  votes 
cast  thereon  at  such  election,  such  ordinance  shall 
thereby  be  repealed  or  amended  accordingly.  When- 
ever any  ordinance  or  proposition  is  required  by  this 
act  to  be  submitted  to  the  voters  of  the  city  at  any 
election,  the  city  clerk  shall  cause  such  ordinance  or 
proposition  to  be  published  once  in  at  least  one  of 
the  newspapers  published  in  said  city;  such  publica- 
tion to  be  not  more  than  twenty  not  less  than  five 
days  before  the  submission  of  such  proposition  or  or- 
dinance to  be  voted  on.  (P.  L.  1911,  p.  478.) 
Approved  April  25,  1911. 

Under  section  16  of  the  Walsh  act,  and  the  supple- 
ment of  1915,  regulating  the  matter  of  the  presentation 
and  the  passage  of  an  "initiative  ordinance,"  the  first  step 
in  which  is  the  filing  of  a  petition  with  the  city  clerk, 
signed  by  fifteen  per  cent,  of  the  voters  of  city  at  the  last 
general  election,  it  is  the  duty  of  the  city  clerk  to  ex- 
amine the  petition  to  ascertain  if  it  conforms  to  the  re- 
quirements of  the  act,  and  if  he  determines  that  the  peti- 
tion does  not  so  conform,  he  must  return  it  to  the  agent 
who  filed  it  for  correction;  after  which  correction  it  may 
again  be  filed  within  ten  days  of  its  return.     By  section 
11  of  the  said  supplement  trie  clerk  is  required,  if  he  be- 
lieves a  petition  is  defective,  and  before  returning  it,  to 
present  his  objections    of    the    Justice    of    the    Supreme 
Court  holding  the  circuit  in  which  the     municipality     is 
situated,  who  is  to  pass  upon  such  objection  summarily 
and  make  an  order  sustaining  or  overruling  the  objection. 
Where  a  petition  for  an  "initiative  ordinance"  was  filed 
with  the   city  clerk,   signed   by  the   requisite  number   of 
voters,  and  later  another  petition  signed  by  some  of  those 
who  signed  the  original,  was  filed,  asking  that  their  names 
be  withdrawn  therefrom,  and  the  city  clerk  then  certified 
to  the  commissioners  that  the  petition  first  filed  was  in- 
sufficient, such  action  was  wholly  without  authority,  and 
a  resolution   of  the     commissioners     granting     the     re- 
quest of  withdrawal  and  directing  the  clerk  to  strike  from 
the  original  petition  on  file  the  names  sought  to  be  with- 
drawn, will  be  set  aside.     Ford  vs.  Gilbert,  89  N.  J.  L., 
p.  482;  99  Atl.  Rep.,  p.  621. 

57 


Commission  Government  Law 

When  it  is  sought  to  have  an  ordinance  passed  under 
this  act  relative  to  the  initiative,  the  procedure  provided 
by  the  Statute  for  petitioning  for  such  ordinance  must  be 
strictly  followed.  The  affidavit,  verifying  the  signatures 
to  the  petition,  must  be  distinct  from  the  paper  forming 
part  of  the  petition;  the  affidavit  must  be  made  by  one 
who  has  signed  the  petition;  each  signer  must  add  to  his 
signature  his  place  of  residence,  giving  the  street  and 
number;  and  the  ordinance  passed  or  submitted  must  be 
the  identical  one  petitioned  for,  without  alteration.  Buohl 
vs.  Beverly,  89  N.  J.,  L.,  p.  378;  98  Atl.  Rep.,  p.  270. 

Referendum 

17.  No  ordinance  passed  by  the  board  of  com- 
missioners, except  when  otherwise  required  by  the 
general  laws  of  the  State  or  by  the  provisions  of  this 
act,  except  an  ordinance  for  the  immediate  preserva- 
tion of  the  public  peace,  health  or  safety,  which 
contains  a  statement  of  its  urgency  and  is  passed  by 
a  two-third  vote  of  the  board  of  commissioners,  shall 
go  into  effect  before  ten  days  from  the  time  of  its 
final  passage;  and  if  during  said  ten  days  ^petition 
signed  by  electors  of  the  city  equal  in  number  to  at 
least  fifteen  per  centum  of  the  entire  vote  cast  at  the 
last  preceding  general  municipal  election,  protesting 
against  the  passage  of  such  ordinance,  .be  presented 
to  the  board  of  commissioners,  the  same  shall  there- 
upon be  suspended  from  going  into  operation,  and  it 
shall  be  the  duty  of  the  board  of  commissioners  to 
reconsider  such  ordinance;  and  if  the  same  is  not  en- 
tirely repealed,  the  board  of  commissioners  shall  sub- 
mit the  ordinance,  as  is  provided  by  subsection  "  b  "  of 
section  sixteen  of  this  net.  to  the  vote  of  the  electors  of 
the  city,  either  at  the  general  election  or  at  a  special 
municipal  election  to  be  called  for  that  purpose;  and 
such  ordinance  shall  not  go  into  effect  or  become  op- 

58 


Adoption  Requirements 

erative  unless  a  majority  of  the  qualified  electors  vot- 
ing on  the  same  shall  vote  in  favor  thereof  Said 
petition  shall  be  in  all  respects  in  accordance  with  the 
provisions  of  said  section  sixteen,  except  as  to  the 
percentage  of  signers,  and  be  examined  aim  certified 
to  by  the  clerk  in  all  respects  as  therein  provided. 
Any  ordinance  or  measure  that  the  board  of  commis- 
sioners or  the  qualified  electors  of  the  city  shall  have 
authority  to  enact,  the  board  of  commissioners  may 
of  its  own  motion  submit  to  the  electors  for  adoption 
or  rejection  at  a  general  or  special  municipal  elec- 
tion, in  the  same  manner  and  with  the  same  force  and 
effect  as  is  provided  in  this  act  for  ordinances  or 
measures  submitted  on  petition.  At  any  special  ele- 
tion  called  under  the  provisions  of  this  act,  there 
^hall  be  no  bar  to  the  submission  of  other  questions 
to  a  vote  of  the  electors  in  addition  to  the  ordinances 
or  measures  herein  provided  for,  if  said  other  ques- 
tions are  such  as  may  legally  be  submitted  at  such 
election.  If  the  provisions  of  fyvo  or  more  measures 
approved  or  adopted  at  the  same  election  conflict, 
then  the  measure  receiving  the  highest  affirmative 
vote  shall  control. 

No  petition  or  submission  to  the  vote  of  the 
electors  shall  be  necessary  to  authorize  the  under- 
taking or  completion  of  any  work,  the  purchase  or 
construction  of  any  public  utility  or  improvement, 
which  any  city  may  be  authorized  by  law  to  under- 
take, purchase  or  construct,  or  to  authorize  the  bor- 
rowing of  money  and  the  issuance  of  bonds  or  other 
obligations  for  any  purpose  for  which  any  city  may 
be  authorized  by  law  to  issue  bonds  or  other  obliga- 
tions, and  all  acts  and  part  of  acts  inconsistent  here- 

59 


Commission  Government  Law 

with  are  hereby  repealed,  so  far  as  they  require  any 
such  election,   the  referendum   provided  for  in  this 
act  being  in  lieu  of  any  such  election   required  by  any 
other  law  or  laws.     (P.  L.  1913,  p.  323.) 
Approved  April  1,  1913. 

Adoption  Requirements 

18.     This  act  shall  take  effect  immediately,  but 
its  provisions  shall  remain  inoperative  in  any  city  of 
this  State  until  assented  to  by  a  majority  of  the  legal 
voters  thereof  voting  at  an  election  to  be  held  in  such 
city,  which  election  shall  be  called  by  the  city  clerk 
upon  the  request  or  petition  in  writing  of  twenty  per 
centum  of  the  persons  qualified  to  vote  at  the  last 
general  election  as  shown  by  the  registry  of  qualified 
voters  used  at  said  election.    Upon  such  petition    or 
request  in  writing  being  filed  (with  the  city  clerk,  the 
said  clerk  shall  forthwith  call  an     election     to     be 
held  on  the  third  Tuesday  following  the  date  of  the 
filing  of  such  petition  with  him,  and  shall  cause  pub- 
lic notice  of  the  time  and  place  of  holding  the  same  to 
be  given  by  advertisement  signed  by  himself     and 
set  up  in  at  least  twenty    different  places  in  such  city 
and  published  in  at  least  one  newspaper  printed  and 
published  in    such    city,    and    if    no    newspaper    u 
printed  or  published  in  such  city,  then  in  a  newspaper 
circulated  therein,  for  at  least  six  days  previous  to  the 
time  of  such  election;  and  said  city  clerk  shall  pro- 
vide ballots  for  each  voter  at  such     election,  to     be 
printed  upon  plain,  substantial  white  paper,  which 
shall  contain  these  [words : 

"For  the  adoption  or  the  rejection  by  fr-c  city 
of  (here  name  of  city)  of  the  provisions  of  an  act  of 

60 


Adoption  Requirements 

one  thousand  nine  hundred  and  eleven,  entitled  'An. 
act  relating  to,  regulating  and  providing  for  the 
government  of  cities,  towns,  townships,  boroughs, 
villages  and  municipalities  governed  by  boards  of 
commissioners  or  improvement  commissions  in  this 
State.'  Upon  said  ballots  shall  appear  the  phrase 
"for  the  adoption,"  and  the  phrase  "against  the 
adoption,"  with  a  square  at  the  left  of  each  phrase, 
and  below  shall  appear  the  words  "vote  '  for  or 
against";  "place  a  cross  in  one  square." 

Such  election  shall  be  held  at  the  usual  places  of 
holding  the  annual  election  in  such  city.  The  polls 
shall  remain  open  during  the  usual  hours,  and  every 
such  election  shall  be  conducted  by  the  same  election 
officers  for  the  time  being  in  the  manner  prescribed 
by  law  regulating  elections,  and  such  officers  shall 
report  to  the  city  clerk  of  such  city  a  true  and  correct 
statement  in  writing  under  their  hands  of  the  results 
of  such  election,  and  it  shall  be  the  duty  of  the  city 
clerk  to  certify  the  result  of  said  election  to  the  city 
council,  or  other  legislative  body,  of  such  city  or  mu- 
nicipality, at  its  first  meeting  thereafter,  and  the 
same  shall  be  entered  at  large  in  the  minutes  of  said 
body  and  the  said  clerk  shall  also  certify  the  same  to 
the  Secretary  of  State.  Whereupon,  if  it  appears  by 
said  certificate  of  the  city  clerk  that  the  majority  of 
the  votes  cast  are  in  favor  of  the  adoption  of  this  act, 
this  act  shall  in  all  respects  become  and  be  operative 
in  such  city,  and  binding  upon  the  inhabitants  there- 
of and  upon  all  persons  and  property  to  be  affected 
thereby;  provided,  however,  that  the  votes  cast  in  fav- 
or of  the  adoption  of  this  act  be  equal  to  at  least  thir- 

61 


Commission  Government  Law 

ty  per  centum  of  the  total  number  of  legal  ballots 
cast  in  such  city  at  the  last  general  election  for  mem- 
bers of  Assembly  immediately  preceding  the  submis- 
sion of  this  act,  as  aforesaid,  and,  immediately  after 
the  election  and  organization  of  the  board  of  com- 
missioners provided  herein,  it  shall  abrogate,  repeal 
and  annul  all  acts  or  parts  of  acts  then  existing, 
whether  general  or  special,  in  any,wise  affecting  the 
government  of  such  city,  which  are  contrary  to  orr  in- 
consistent with  the  provisions  of  this  act;  provided, 
however,  that  this  act  shall  not  abrogate,  repeal  or 
annul  an  act  entitled  "An  act  concerning  district 
courts  (Revision  of  1898),"  approved  June  fourteenth 
one  thousand  eight  hundred  and  ninety-eight,  or 
any  supplement  thereof  or  amendment  thereto. 

If  a  majority  of  the  votes  cast  are  not  in  favor 
of  the  adoption  of  this  act,  then  the  provisions  of  this 
act  shall  remain  inoperative  and  no  further  proceed- 
ings shall  be  taken  until  after  the  beginning  of  the 
last  year  of  the  term  of  the  mayor,  or  equivalent  offi- 
cer, elected  at  the  election  following  the  rejection  of 
this  act,  after  which  date,  upon  the  presentation  of 
another  petition  or  request,  as  provided  for  herein, 
the  same  procedure  shall  be  had  and  the  question  of 
the  adoption  or  rejection  of  the  provisions  of  this  act 
again  submitted  in  the  manner  herein  set  forth  and 
with  the  same  force  and  effect.  (P.  L.  1915,  p.  12) 

Approved  February  8,  1915. 

Where  a  city  clerk,  in  the  performance  of  the  duty 
imposed  by  this  act  entered  upon  investigation  of  whether 
a  petition  for  an  election  under  this  act  had  the  neces- 
sary signatures,  and  having  concluded  that  it  did  not, 
refused  to  call  the  election,  mandamus  was  not  available 
to  review  errors  alleged  to  have  been  committed  by  the 
clerk,  either  in  the  method  of  his  investigation  or  in 

62 


Reversion  to  Charter 

furtherance  thereof.  Haines  vs.  Standiven,  91  Atl.  Rep., 
p.  804. 

The  Attorney  General  alone  may  question  the  legali- 
ty of  the  existence  of  a  city  acting  under  this  act,  on  the 
ground  that  the  adoption  of  the  act  was  not  carried  by 
the  requisite  number  of  votes;  and  a  private  relator  may 
not  attack  the  existence  of  the  city,  either  by  a  direct 
preceeding  or  by  an  attack  on  the  legality  of  the  title  of 
an  incumbent  of  an  office  of  the  city.  Morris  vs.  Fagan 
86  At.  Rep.,  p.  1102;  90  Atl.  Rep.,  p.  267;  85  N.  J.  L.,  p. 
617. 

The  Walsh  act,  as  originally  passed,  required  that 
the  votes  cast  in  favor  of  the  adoption  of  the  act  equal 
thirty  per  cent,  of  the  votes  cast  for  members  of  the  gen- 
eral assembly  at  the  general  election  immediately  pre- 
ceding the  submission  of  the  act.  The  amendatory  act  of 
1915  requires  thirty  per  cent,  of  the  total  numbers  of  as- 
sembly, etc.  Held,  that  the  number  of  votes  cast  in 
favor  of  the  adoption  of  the  act  must  equal  thirty  per 
cent,  or  the  total  number  of  legal  ballots  cast  in  the  muni- 
cipality, regardless  of  whether  or  not  such  votes  were 
cast  for  a  member  or  members  of  the  assembly,  the  words 
"for  members  of  assembly"  in  the  amendatory  act  being 
merely  descriptive  of  the  particular  election  referred  to. 
Schwartz  vs.  Wachlin,  89  N.  J.  L.,  p.  93;  98  Atl.  Rep.,  p. 
252. 

Where  a  majority  of  the  votes  were  cast  in  favor  of 
the  adoption  of  the  act,  it  did  not  become  operative  be- 
cause it  failed  to  receive  the  thirty  per  cent,  of  the  votes 
cast  at  the  last  general  election,  the  limitation  concerning 
another  election  did  not  apply  because  that  condition  is 
only  applicable  when  a  majority  of  the  votes  are  not  cast 
in  favor  of  the  adoption.  Vollmer  vs.  Wachlin,  89  N.  J. 
L.,  p.  440;  99  Atl.  Rep.,  p.  394. 

Reversion  of  the  Charter 

19.  Any  city  which  shall  have  operated  for 
more  than  six  years  under  the  provisions  of  this  act 
may  at  the  general  election  preceding  the  year  in 
which  commissioners  are  regularly  to  be  elected, 
abandon  such  organization  hereunder  and  may  re- 
sume its  charter  by  proceeding  as  follows: 

Upon  the  petition  of  not  less  than  twenty-five 

63 


Commission  Government  Law 

per  centum  of  the  electors  of  such  city,  the  following 
proposition  shall  be  submitted:  "Shall  the  city  of 
(name  of  city)  abandon  its  organization  under  the 
provisions  of  an  act  of  one  thousand  nine  hundred 
and  eleven,  entitled  'An  act  relating  to,  regulating 
and  providing  for  the  government  of  cities  within 
this  State/  and  resume  or  adopt  a  charter  under' 
another  act?" 

If  a  majority  of  the  vote  casts  at  such  special 
election  be  in  favor  of  such  proposition,  the  officers 
elected  at  the  next  succeeding  regular  municipal  elec- 
tion shall  be  those  prescribed  by  the  charter,  and 
upon  the  qualification  of  such  officers  such  city  shall 
become  a  city  under  the  charter,  but  such  change 
shall  not  in  any  manner  or  degree  affect  the  property, 
right  or  liability  or  any  nature  of  such  city,  but 
shall  merely  extend  to  such  change  in  its  form  of 
government. 

The  sufficiency  of  such  petition  shall  be  deter- 
mined, the  election  ordered  and  conducted,  and  the 
results  declared  generally  as  provided  by  Article  IV 
of  this  act  in  so  far  as  the  provisions  thereof  are  ap- 
plicable. (P.  L.  1917,  p.  146) 

Approved  March  20,  1917. 

Constitutionality  of  Act 

20.  If  any  proviso,  clause  or  section  of  this  act 
shall  be  attacked  in  any  court  and  shall  be  declared 
invalid  or  unconstitutional,  the  rest  of  this  act  shall 
stand,  and  the  proviso,  clause  or  section  declared  in- 
valid or  unconstitutional  shall  be  exscinded  from 
this  act.  (P.  L.  1911,  p.  483) 

Approved  April  25,  1911. 
64 


Commission  Government  Law 

(c)  It',  by  the  count  of  either  first-choice  vote? 
or  first  and  second-choice  votes,  or  first,  second  and 
third-choice  votes,  as  above  provided,     more     candi- 
dates than  there  are  offices  to  be  filled  shall  receive 
a  majority,  the  candidate  or  candidates     equal     in 
number  to  the  number  of  offices  to  be  filled  having 
the  highest  vote  shall  be  elected. 

(d)  If  the  full  number  of  candidates  to     be 
elected  do  not  receive  a  majority  by  adding  first,  sec- 
ond and  third-choice  votes  as  above  directed,  a  can- 
vass shall  then  be  made  of  the  other-choice  votes  re- 
ceived by  those  candidates  for  said  office  who  are  not 
elected  either  by  first-choice  votes  or  by  adding  first 
and  second-choice  votes,  or  by  adding  first,  second 
and  third-choice  votes,  said  other-choice  votes  shall 
be  added  to  the  first,  second,  and  third-choice  votes 
received  by  such  candidates  and  the  candidate  equal 
in  number  to  the  number  of  offices  remaining  to  be 
filled  who  receives  the  highest  number  of  votes  by 
the  said  addition  shall  be  elected. 

(e)  A  tie  between  two     or     more     candidates 
shall  be  decided  in  favor  of  the  one  having  the  high- 
est number  of  first-choice  votes.      If  they    are    also 
equal  in  that  respect,  then  the  highest  number     of 
second-choice  votes  shall  determine  the  result.       If 
they  are  still  equal,  then  the  highest  number  of  third  r 
choice  votes  shall  determine  the  result. 

(f)  Whenever  the  word  "majority"  is  used  in 
this  section  it  shall  mean  more  than  one-half  of  the 
total  number  of  valid  ballots  cast  at  such  election. 

V.    No  informalities  in  conducting  said  munici- 
pal election  shall  invalidate  the  same,  if  they  be  con- 


Elections  of  Commissioners 

third-choice  votes  in  excess  of  the  number  of  offices 
to  be  filled  in  vote  in  the  column  showing  such  ex- 
cess shall  be  counted.  Except  as  hereinbefore  pro- 
vided all  choices  shall  be  counted  as  marked  on  the 
ballot. 

On  the  day  following  the  said  election  the  city 
clerk  shall  determine  the  succesful  candidates,  as 
hereinafter  provided  in  this  section,  and  shall  imme- 
diately make  and  file  the  result  thereof  in  the  office 
of  the  city  clerk.  Said  canvass  by  the  city  clerk 
shall  be  publicly  made,  in  the  manner  following: 

(a)  Candidates  receiving  a   majority  of  first- 
choice  votes  for  any  office  shall  be  elected.    If  the  full 
number  of  candidates  to  be  elected  do    not     receive 
such  a  majority  of  the  first-choice  votes  for  such  of- 
fice, a  canvass  shall  be  made    of    the    second-choice 
votes  received  by  those  candidates  for  office  who  are 
not  elected  by  first-choice  votes;  said  second-choice 
votes  shall  be  added  to  the  first-choice  votes  received 
by  such  candidates,  and  candidates  who,  by  such  ad- 
dition, shall  receive  a  majority,  shall  be  elected. 

(b)  If,  after  adding  the  first-choice  and  second- 
choice  votes  of  the  candidates  not  elected  by  first- 
choice  votes,  the  full  number  of    candidates    to    be 
elected  do  not  receive  a  majority  of  first-choice  and 
second-choice  votes  combined,  a  canvass  shall  be  made 
of  the  third-choice  votes  received  by  those  candidates 
for  said  office  who  are  not  elected  by  first-choice  and 
second-choice  votes  combined;  said  third-choice  vot^s 
slmll  lie  added  to  the  first-choice  votes  and  second- 
choice  votes  received  by  such  candidates,  and  candi- 
dates who,  by  such  addition,  shall  receive  a  majority 
shall  be  elected. 

71 


Commission  Government  Law 

the  purpose  of  indicating  either  any  official  act  or 
policy  to  which  he  is  pledged  or  committed ;  provided, 
that  such  designation  shall  not  indicate  political  party 
affiliations.  On  the  filing  of  any  such  petition  the 
said  clerk  shall  cause  the  said  designation  to  be  prin« 
ed  opposite  the  name  of  the  said  person  upon  the 
ballot.  If  several  candidates  for  the  same  office  shall 
in  said  petition  request  that  their  names  be  grouped 
together,  and  that  the  common  designation  to  be 
named  by  them  shall  be  printed  opposite  their  said 
names,  the  said  clerk  shall  group  the  said  names  of 
the  said  persons  in  a  bracket,  and  opposite  the  said 
bracket  shall  print  the  said  designation  as  aforesaid. 
Such  petition  to  the  said  clerk  requesting  a  designa 
tion  or  a  grouping  of  the  candidates  shall  be  filed  with 
the  clerk  at  least  eight  days  before  the  electi-ai.  If 
two  candidates  or  groups  shall  select  the  same  desig- 
nation, the  clerk  shall  notify  the  candidate  or  group 
whose  petition  was  last  filed,  and  the  said  candidate 
or  group  shall  select  a  new  designation. 

IV.  As  soon  as  the  polls  are  closed  the  ejection 
officers  shall  immediately  open  the  ballot  boxes,  take 
therefrom  singly  and  count  the  ballots  in  public 
viqw,  and  enter  the  total  number  thereof  on  the  tally 
sheet  provided  therefor  by  the  city  clerk.  They 
shall  also  carefully  enter  the  number  of  the  first- 
choice,  second-choice,  third-choice  and  other-choice 
votes  for  each  candidate  on  said  tally  sheet  and  make 
immediate  return  thereof  to  the  city  clerk.  Only  one 
vote  shall  be  counted  for  any  candidate  on  any  one 
ballot,  all  but  the'highest  of  two  or  more  choices  on 
one  ballot  for  one  and  the  same  candidate  being 
void.  If  a  ballot  contains  either  first,  second  or 

70, 


Elections  of  Commissioners 


Do  not  vote  more  than  one  choice  for  one  per- 
son, as  only  one  choice  will  count  for  any  one  candi- 
date by  this  ballot. 

If  you  (Wrongly  mark,  tear  or  deface  this  ballot 
return  it  and  obtain  another. 


For  Commissioners 

First 
Choice 

Second 
Choice 

Third 
Choice 

Other 
Choice 

William  Brown, 

X 

Louis  Coe, 

X 

John  Doe, 

X 

Henry  Poe, 

X 

Richard  Roe, 

Charles  Smith, 

X 

II.  One  space  shall  be  left  below  the  printed 
names  of  the  candidates  of  each  officer  to  be  voted 
for,  wherein  the  voter  may  write  the    name  of    any 
person  for  whom  he  may  wish  to  vote.      Blank  space 
shall  be  left  equal  to  the  number  of  officers  to  be  filled. 

III.  The  names  of  candidates  for  the  same  of- 
fice shall  be  printed  on  the    ballot     in    alphabetical 
order.    Any  candidate  whose  name  is  to  be  voted  for 
on  the  ballot  may,  by  petition  addressed  to  the  city 
clerk,  request  that  the  said  clerk  shall  print    opposite 
his  name  on  the  ballot  a  designation,  in    not     more 
than  six  words,  as  named  by  him  in  said  petition,  for 

69 


Commission  Government  Law 

tion,  which  ballots  shall  not  be  distributed  outside 
the  polling  place.  (P.  L.  1917,  p.  900.) 

Approved  April  3,  1917. 

4.  The  form  of  ballot  and  the  method  of  voting 
at  said  general  or  special  election  shall  be  as  follows : 

I.  Except  that  the  crosses  here  shown  shall  be 
omitted,  and  that  in  place  of  the  names  and  officers 
here  shown  si  all  be  substituted  the  names  of  the 
actual  candidates  and  the  offices  for  which  they  are 
respectively  nominated,  the  ballots  shall  be  in  sub- 
stantially the  following  form: 

General  or  special  municipal  election,  city  of 
(inserting  date  thereof.) 

DIRECTIONS  TO  THE  VOTER 

To  vote  for  any  person  mark  a  cross  (X)  in  the 
square  in  the  appropriate  column,  according  to  your 
choice,  at  the  right  of  the  name  voted  for. 

Second,  third  or  fourth  choice  is  not  compulsory. 

Vote  only  as  many  first  choices,  or  second  choices, 
or  third  choices,  as  there  are  officers  to  elect. 

Vote  as  many  fourth  or  other  choices  as  you 
wish. 

Vote  your  first  choice  or  choices  in  the  first 
column. 

Vote  your  second  choice  or  choices  in  the  second 
column. 

Vote  your  third  choice  or  choices  in  the  th'rd 
column. 

Vote  in  the  fourth  column  for  all  the  other  can- 
didates whom  you  wish  to  support. 


68 


Elections  of  Commissioner? 

no  more,  and  shall  contain  the  name  of  but  one  can- 
didate, and  no  more.  Each  signer  must  not,  at  the 
time  of  signing  the  certificate,  have  sisrned  more  cer- 
tificates for  candidates  for  that  office  than  there  are 
places  to  be  filled  in  such  office,  and  in  case  an  elector 
has  signed  tyvo  or  more  conflicting  certificates,  all 
such  certificates  shall  be  rejected. 

When  such  a  petition  of  nomination  is  presented 
for  file  to  the  city  clerk  he  shall  forthwith  examine 
the  same  and  ascertain  whether  it  conforms  to  the 
provision  of  this  section,  and  if  not  found  in  conform- 
ity thereto  he  shall  designate  the  defect  and  return 
the  petition  to  the  person  signing  it,  which  may  again 
be  presented  when  properly  amended.  (^  L.  1917, 
p.  898.) 

Approved  April  3,  1917. 

3.  Immediately  upon  the  expiration  of  the  time 
of  filing  certificates,  statements  and  petitions  for 
candidates,  the  said  clerk  shall  cause  to  be  published 
for  three  successive  days  in  all  the  daily  newspapers 
published  in  such  city,  in  proper  form,  the  names  of 
the  persons  as  they  are  to  appear  upon  the  ballots, 
and  if  there  be  no  daily  newspaper,  then  in  two  con- 
secutive issues  of  any  other  newsaper  that  may  be 
published  in  said  city;  and  the  clerk  shall  thereupon 
cause  the  ballots  to  be  printed,  authenticated  with  a 
facsimile  of  his  signature. 

Having  caused  said  ballots  to  be  printed  in  the 
form  hereinafter  prescribed  the  said  city  clerk  shall 
cause  to  be  delivered  at  each  polling  place  a  number 
of  said  ballots,  equal  to  twice  the  number  of  votes 
cast  in  such  polling  precinct  at  the  last  general  elec- 

67 


Commission  Government  Law 

forth,  and  the  petition  of  nominations  shall  consist 
of  individual  certificates  equal  in  number  to  at  least 
one-half  of  one  per  centum  of  the  entire  vote  at  the 
last  preceding  general  election,  but  in  no  event  less 
than  twenty-five,  and  said  petition  shall  read  sub- 
stantially as  follows: 

PETITION  OF  NOMINATION 

I,  the  undersigned,  a  qualified  elector  of  the  city 

of  ,  residing  at  , 

certify  that  I  do  hereby  join  in  a  petition  for  the 

nomination  of  ,  whose  residence 

is  at ,  for  the  office  of  com- 
missioner, to  be  voted  for  at  the  election  to  be  held  in 

such  city  on  the  ,  19 .  . .  . ,  and  I 

further  certify  that  I  know  this  candidate  to  be  a 
qualified  elector  of  said  city  and  a  man  of  good  mor- 
al character,  and  qualified  in  my  judgment  for  the 
duties  of  such  office,  and  I  further  certify  that  I  have 
not  signed  more  petitions  or  certificates  of  nominations 
than  there  are  places  to  be  filled  in  the  above  office. 
(Signed) 

Being  duly  sworn,  deposes  and  says  that  he  is 

the  person  that  signed  the  foregoing  certificate;  that 

the  statements  contained  therein  are  true  and  correct. 

(Signed)    

It  shall  be  the  duty  of  the  city  clerk  to  furnish 
upon  application  a  reasonable  number  of  forms  of  in- 
dividual certificates  of  the  above  character. 

Each  certificate  must  be  a  separate  paper  and 
must  contain  the  name  of  but  one  signer  thereto,  and 

66 


Elections  of  Commissioners 

A  supplement  to  an  act  entitled  "An  act  relating  to 
regulating  and  providing  for  the  government  of 
cities,  towns,  boroughs  and  other  municipalities 
within  this  State,"  Approved  April  twenty-fifth, 
one  thousand  nine  hundred  and  ele\e?i. 

1.  In  all  cities,  as  defined  in  the  act  to  which 
this  act  is  a  supplement,  which  heretofore  have  adipt- 
ed  or  hereafter  may  adopt  the  provisions  of  the  act 
to  which  this  act  is  a  supplement,  commissioners  pro- 
vided for  in  said  act  shall  be  nominated  and  elected 
only  in  the  manner  hereinafter  prescribed. 

In  every  such  city  of  ten  thousand  population, 
or  more,  five  commissioners,  and  in  cities  of  less  +nan 
ten  thousand  population,  three  commissioners  shall 
be  elected  at  an  election  to  be  held  on  the  fifth  Tues- 
day following  the  election  at  which  the  voters  shall 
have  voted  to  adopt  the  provisions  of  said  act,  and 
on  the  second  Tuesday  in  May  in  each  fourth  year 
thereafter. 

The  election  officers  conducting  the  last  general 
annual  election  shall  be  the  officers  of  the  general  or 
any  special  election,  and  the  municipal  election  shall 
be  held  at  the  same  places  and  conducted  in  the  same 
manner  so  far  as  possible,  and  the  polls  shall  be  open 
and  closed  at  the  same  hours  as  provided  by  the  gen- 
eral election  laws.  (P.  L.  1917,  p.  89S  ^ 

Approved  April  3,  1917. 

2.  The  names  of  candidates  for  commissioners 
shall,  at  least  ten  days  prior  to  the  general  or  special 
election,  be  filed  with  the  city   clerk  in  the  manner 
and  form  and  under  the  conditions  hereinafter  set 


65 


Elections  of  Commissioners 

ducted  fairly  and  in  substantial  conformity  with  the 
requirements  of  this  act.     (P.  L.  1917,  p.  900.) 

Approved  April  3,  1917. 

A  defeated  candidate  for  commissioner,  in  a  city 
having  adopted  the  commission  form  of  government  under 
the  Walsh  act  as  amended  by  act  of  April  7,  1914,  and 
Act  of  March  16,  1916  (P.  L.  p.  216),  was  properly 
granted  a  recount  by  a  Justice  of  the  Supreme  Court  for 
errors  of  election  officers  in  receiving  and  rejecting  votes 
and  in  their  returns  in  view  of  General  Election  Law, 
»  sec.  159,  providing  that  whenever  any  candidate  at  any 
election  shall  have  reason  to  believe  that  an  error  has 
been  made  by  the  board  of  elections,  he  may,  after  such 
election,  apply  to  any  Justice  of  the  Supreme  Court,  who 
shall  be  authorized  to  order  a  recount.  Monahan  vs. 
Matthews,  91  N.  J.  L.,  p.  123;  103  Atl.  Rep.,  p.  40. 

The  Legislature  is  not  required  every  time  it  makes 
a  change  in  the  manner  of  voting,  or  in  the  counting  of 
votes,  at  elections,  to  expressly  declare  that  former  sec- 
tions of  general  election  law  shall  apply.  Ibid. 

The  provisions  of  the  act  of  April  7,  1914  (Repealed 
March  16,  1916),  commonly  known  as  the  Preferential 
Voting  act,  that  "all  ballots  shall  be  void  which  do  not 
contain  first  choice  votes  for  as  many  candidates  as  there 
are  offices  to  be  filled."  is  not  separable  from  the  other 
provisions  of  the  statute,  so  that  it  may  be  rejected  and 
the  residue  of  the  statute  be  permitted  to  stand;  hence,  if 
such  provision  be  unconstitutional  the  act  as  a  whole 
fails,  and  an  election  held  under  its  terms  is  incapable  cf 
conferring  a  de  jure  title  to  a  private  relator  under  sec- 
tion 4  of  the  Quo  Warranto  act.  Daly  vs.  Garven,  90  N. 
J.  L.,  p.  512;  106  Atl.  Rep.,  p.  272. 

[This  opinion  was  rendered  before  this  section  was 
amended: — Ed.] 

7.  When  any  vacancy  or  vacanies  shall  occur 
among  the  commissioners  elected  under  the  provisions 
of  the  act  to  which  this  act  is  a  supplement,  the  re- 
maining commissioners  shall  fix  a  date  for  holding 
an  election  of  a  properly  qualified  person  or  persons 
to  fill  such  vacancy  or  vacancies  to  serve  for  the  unex- 
pired  term,  not  less  than  thirty  nor  more  than  forty 
days  from  the  date  when  said  vacancy  or  vacancies 

73 


Commission  Government  Law 

shall  occur.  Said  election  shall  be  conducted,  return- 
ed, aiid  the  result  thereof  declared  in  all  respects  and 
by  the  same  officials  as  hereinbefore  prescribed  for 
general  municipal  elections;  provided,  further,  that 
when  such  vacancy  or  vacancies  shall  occur  jwithin 
one  year  of  the  expiration  of  the  term  of  such  office 
so  becoming  vacant,  then  the  remaining  commis- 
sioners shall,  within  thirty  days  thereafter,  elect  a 
properly  qualified  person  or  persons  to  fill  such  vac- 
ancy or  vacancies  to  serve  for  the  uncxpired  term,  as 
provided  in  said  act  to  which  this  act  is  a  supplement. 
(L.  P.  1914,  p.  176.) 

Approved  April  7,  1914. 

8.  Whenever  the  clerk  shall,  under  the  provi- 
sions of  the  act  to  which  this  act  is  a  wipplemenc, 
certify  to  the  board  of  commissioners  that  a  sufficient 
petition  or  petitions  or  the  removal  of  an  elective 
officer  or  officers  and  demanding  an  election  of  a  suc- 
cessor or  successors  of  the  person  or  persons  sought 
to  be  removed  has  or  have  been  filed,  if  the  officer  or 
officers  sought  to  be  removed  shall  not  resign  within 
five  days  after  the  date  of  the  clerk's  certificate,  said 
board  of  commissioners  shall  order  and  fix  a  date  for 
the  holding  of  the  said  election  ,  not  less  than  thirty 
days  nor  more  than  forty  days  from  the  date  on  the 
clerk's  certificate  or  certificates  to  the  board  of  com- 
missioners that  a  sufficient  petition  or  petitions  has 
or  have  been  filed;  provided,  that  whenever  a  suffici- 
ent removal  petition  or  petitions  shall  be  filed,  near 
enough  in  point  of  time  to  prevent  the  ordering  of 
of  separate  elections,  the  elections  to  fill  a  vacancy  or 
vacancies  and  the  election  on  the  removal  petition, 

74 


Commission  Government  Law 


(INSERT  OPPOSITE  PAGE  75) 


Whenever  the  Federal  or  State  census  shall  show  that  any  such 
city  which  when  voting  to  adopt  the  provisions  of  this  act  had  a  pop- 
ulation of  ten  thousand,  has  increased  in  population  to  ten  thousand 
or  more,  then  two  additional  commissioners  shall  be  elected  at  an 
election  to  be  held  on  the  second  Tuesday  in  May,  following  the  offi- 
cial announcement  of  such  increase  in  population.  (P.  L.  1920,  p. 
401) 

Approved  April  19,  1920. 

Whenever  after  the  passage  of  this  act  at  any  election  held  for 
the  purpose  of  electing  the  commissioners  provided  for  under  this 
act  to  which  this  act  is  a  supplement  persons  bearing  the  same  name 
shall  be  nominated  for  the  office  of  commissioner,  it  shall  be  lawful 
for  any  or  either  of  such  persons  to  file  with  the  municipal  or  city 
clerk  a  statement  in  writing  containing  not  more  than  six  words  as  a 
means  of  identification  of  such  candidate-  The  statement  or  desig- 
nation so  filed  with  the  city  clerk  shall  be  printed  upon  the  official 
ballot  to  be  used  at  such  election.  (P.  L.  1920,  p.  440). 

Approved  April  20,  1920. 

The  General  Election  Law  (P.  L.  1920,  p.  615,)  in  Article  I,  sec- 
tion 2;  Article.  XXX,  section  D  5  and  9  also  are  applicable  to  Com- 
mission Government  municipal  elections. 


\ 


Recall 

may  be  held  on  the  same  day;  and  provided  further, 
that  if  said  officer  or  officers  sought  to  be  removed 
shall  resign  within  said  period  of  five  days,  an  elec- 
tion of  his  successor  shall  be  ordered  and  held  in 
the  same  manner  as  provided  in  the  next  preceding 
section  or  an  election  to  fill  vacancies. 

The  board  of  commissioners  shall  make,  or  cause 
to  be  made,  publication  of  notice  and  all  arrange- 
ments for  holding  such  election,  and  the  same  shall 
be  conducted,  returned,  and  the  result  thereof  de- 
clared in  all  respects  and  by  the  same  officials  as  is 
reinbefore  prescribed  for  general  municipal  elec- 
tions.    (P.  L.     1914,  p.  176) 
Approved  April  7  1914. 

9.  Nominations  for  candidates  for  commission- 
er, whether  to  fill  a  vacancy  or  vacancies  as  afore- 
said, or  in  an  election  ordered  on  the  filing  of  a  pe- 
tition or  petitions  for  the  removal  of  a  commission- 
er or  commissioners,  as  aforesaid,  excepting  as  to 
the  officers  sought  to  be  removed,  shall  be  made,  cer- 
tified and  published  in  the  same  manner  and  by  the 
same  official  or  officials  as  hereinbefore  prescribed  for 
candidates  at  a  general  municipal  election.  (P.  L. 
1914,  p.  177) 

Approved  April  7,  1914. 


75 


Commission  Government  Law 
Recall 

1 .  The  holder  of  the  office  of  commissioner  may 
be  removed  after  a  commissioner  has  been  in  office 
one  year  by  means  of  a  recall.  The  procedure  to 
effect  the  recall  of  an  ''incumbent"  of  the  office  of 
commissioner  shall  be  as  follows: 

A  ''recall  petition"  signed  by  at  least  thirty 
per  centum  of  the  electors  shall  be  filed  by  the 
"agent"  or  "agents"  designated  in  the  petition  with 
the  "city  clerk,"  demanding  the  recall  of  the  com- 
missioner sought  to  be  removed.  The  petition  shall 
be  as  follows: 

RECALL  PETITION. 

To  the  Clerk  of  the  City  of (insert 

name  of  "municipality.") 

You  are  hereby  requested  to  call  a  "Recall  Elec- 
tion" for  the  recall  of , 

(insert    name  of    "incumbent"    to    be    recalled), a 

Commissioner  of (insert  name  of 

"municipality"),  for  the  following  reasons 

(insert  reasons),    and  for  so  doing  this  "recall  peti- 
tion" shall  be  your  sufficient  warrant. 

(insert  name) 

is  hereby  designated  as  our     "agent"     to  file    this 
petition. 

Signed : 

Name.  Street  address 


State  of  New  Jersey, 
County  of 

76 


I 


Recall 

,  being  duly  sworn 

according  to  law,  says:  That  he  is  one  of  the  signers 
of  the  above  petition,  and  that  he  knows  that  the 
signatures  thereon  are  in  the  handwriting  of  the 
signers,  and  to  the  best  of  his  knowledge  and  belief 
are  the  signatures  of  the  persons  purporting  to  sign 
the  same. 

Subscribed  and  sworn  to  before  me       \ 

this day  of ,       > 

A.  D.  19....  ) 

(P.   L.   1917,  p.   48.) 

Aproved  Marcli  14,  1917. 

2.  The  city  clerk  shall  examine  the  "recall 
petition"  to  ascertain  if  it  conforms  with  the  re- 
quirements of  this  act.  He  shall  complete  this  ex- 
amination within  ten  days  from  the  receipt  thereof. 
In  examining  the  signatures  of  the  electors  he  may,  if 
in  doubt  as  to  the  genuineness  of  any  of  them,  com- 
pare them  with  the  signatures  contained  in  the 
registry  books  used  at  the  last  preceding  "general 
election . ' ' 

If  the  clerk  shall  determine  that  the  petition 
does  not  conform  with  the  requirements  of  this  act, 
then  he  shall  return  it  to  the  agent  or  agents  who 
filed  it  for  the  purpose  of  correction,  which  correc- 
tion may  be  made,  and  the  petition  again  filed  with- 
in ten  days  of  its  return  by  the  clerk  as  aforesaid. 

If  the  clerk  shall  determine  that  the  petition 
does  not  conform  ,with  the  requirements  of  this  section, 
he  shall  proceed  to  call  an  election  for  the  recall  of 
the  "incumbent,"  as  follows: 

He  shall  immediately  prepare  a  "certificate  of 
notice ' '  in  the  following  form ; 

77 


Commission  Government  Law 

(1)  This  is  to  Certify,  That  a     petition     has 
been  filed  with  the  Clerk  of (name  of  "muni- 
cipality"), for  the  recall  of   (insert 

name  of  "incumbent"),  a  Commissioner  of 

(insert  name  of  "municipality"),  for  the  following 

reasons :  (insert  reasons  con- 

tained  in  "recall  petition") . 

(2)  An  election  to  determine  if  the  Commis- 
sioner shall  be  recalled;  and  if  so,  to  elect  his  suc- 
cessor, will  be  held  on the day  of 

19 

Dated : 

day  of ,19.... 


City  Clerk. 

A  copy  of  the  above  certificate  shall  be  served 
on  the  commissioner  to  be  recalled  and  also  upon  the 
other  commissioners  of  such  municipality,  it*  the 
aforesaid  commissioners  can  be  found.  Copies  of 
this  certificate  shall  also  be  published  at  least  once 
every  week  in  at  least  one  newspaper  circulating  in 
such  municipality,  and  daily  (if  there  be  a  daily 
newspaper)  on  the  three  days  preceding  the  day  of 
election . 

After  the  "petition  of  nomination"  as  herein- 
after provided  shall  have  been  filed  with  the  city 
clerk,  he  shall  add  to  the  publication  certificate  a 
third  paragraph,  as  follows : 

(3.)  The  following  persons  have  ?led  "peti- 
tions of  nominations"  to  succeed (insert 

name  of  "incumbent"),  if  he  shall  be  recalled,  and 

78 


Recall 


are  to  be  voted  on  as  successor  to  the  said  Commis- 
sioner : 


(Insert  names  of  persons  filing  "petitions      of 
nomination.  ") 

Signed, 


City  Clerk. 

(P.  L.  1915,  p.   623.) 
Approved  April  15,  1915. 

The  duty  of  the  clerk  of  a  municipality  governed  by 
the  statute  commonly  called  the  Walsh  Act  concerning  the 
filling  of  a  petition  for  the  recall  of  an  elective  officer,  is 
te  ascertain  whether  or  not  the  petition  is  signed  "by  the 
requisite  number  of  qualified  electors,"  and  to  make  a 
certificate  showing  the  result  of  such  ascertainment;  but 
he  has  no  power  to  determine  the  legal  qualifications  of 
the  officer  sought  to  be  recalled,  nor  the  question  whether 
he  has  actually  held  his  office  for  one  year.  Poole  vs. 
Lawrence,  86  N.  J.  L.,  p.  90;  90  Atl.  Rep.,  p.  668. 

When  a  commissioner  resigns,  and  is  immediately 
reappointed,  such  action  does  not  vest  him  with  a  new 
term  of  office;  but  in  deciding  whether  he  has  held  office 
for  more  than  one  year,  his  service  prior  to  such  resigna- 
tion and  reelection  is  to  be  taken  as  a  part  of  is  service 
in  determining  whether  he  has  actually  held  his  office  for 
at  least  a  year.  Poole  vs.  Lawrence,  86,  N.  J.  L.,  p.  90; 
90  Atl.  Rep.,  p.  668. 

3.     The  city  clerk  shall  fix  a  day  for  holding  the 

"recall  election/'  which  day,  if  convenient,  shall  be 
a  Tuesday  falling  between  the  thirtieth  and  fortieth 
days  after  the  date  of  the  "certificate  of  notice" 
above  provided  for. 

The  city  clerk  and  the  board  of  commissioners 
shall  make  or  cause  to  be  made  all  arrangements  for 
holding  the  "recall  election,"  and  shall  provide  all 

79 


Commission  Government  Law 

necessary  funds  therefor  and  the  commissioners  are 
hereby  authorized  to  raise  funds  necessary  for  this 
purpose  in  any  convenient  manner. 

The  "recall  election"  shall  be  ccnducted  and 
returned  as  general  election*  are  conducted  at  which 
are  voted  for  members  of  the  General  Assembly,  and, 
except  as  otherwise  provided  in  this  section  t.nd  in 
so  far  as  they  are  applicable,  the  "recall  election " 
shall  be  governed  by  the  provisions  of  an  act  entitled 
"An  act  concerning  elections"  (Revision  of  1898), 
approved  April  fourth,  one  thousand  eight  hundred 
and  ninety-eight,  and  the  amendments  thereof  and 
supplements  thereto,  and  according  to  the  provisions 
of  chapter  188  of  the  laws  of  1911,  known  as  the 
"Corrupt  Practices  Act."  (P.  L.  1915,  p.  625.) 

Approved  April  15,  1915. 

4.  The  judge  of  the  Court  of  Common  Pleas 
shall  sit  in  some  public  place  in  the  municipality 
where  such  "recall  election"  is  to  be  held  on  at  least 
one  day  in  the  week  prior  to  the  day  of  the  "recall 
election."  He  shall  have  power,  by  order,  to  grant 
transfers  and  place  upon  the  registry  books  the  names 
of  legal  voters  whose  names  were  not  upon  the  regis- 
try books  of  the  last  general  election,  but  who  would 
be  entitled  to  be  registered  if  the  "recall  election" 
was  in  fact  a  general  election. 

There  shall  be  no  primary  election  for  the  nomi- 
nation of  candidates,  nor  shall  there  be  any  registry 
day  preceding  a  "recall  election." 

Nominations  for  -successors  to  the  commissioner 
proposed  to  be  recalled  shall  be  by  "petition  for 
nomination,"  jwhich  "petition  for  nomination"  shall 
be  signed  by  at  least  fifteen  per  centum  of  the  legal 

80 


Recall 

voters  of  the  municipality  and  filed  with  the  city 
clerk  at  least  fifteen  days  before  the  "recall  elec- 
tion," and  shall  be  in  form  as  follows: 

(1.)     To  the   Clerk  of (insert  name  of 

municipality) :  You  are  hereby  requested  to  place  up- 
on the  ballot  at  the  recall  election  to  be  held  on. ... 

the day  of ,  19 . . . . ,  as  provided 

in  your  "certificate  of  notice"  dated day  of 

,  19 . . . . ,  as  successor  to  the  commis- 
sioner proposed  to  be  recalled  the  name  of 

(insert  name  of  person  to  be  nominated),  of 

(insert  address),  and  for  so  doing  this  petition  shall 
be  your  sufficient  warrant. 

Signed 

Name.  Street  address. 


I  accept  the  nomination. 
Dated:  (Name  of  Nominee) 


State  of  New  Jersey,  ) 

County  of J 

,  being  duly  sworn  according 

to  law,  says:  That  he  is  one  of  the  signers  of  the 
above  petition,  and  that  he  knqws  that  the  signatures 
thereon  are  in  the  handjwriting  of  the  signers,  and  to 
the  best  of  his  knowledge  and  belief  are  the  signa- 
tures of  the  persons  purporting  to  sign  the  same. 


81 


Commission  Government  Law 

Subscribed  and  Sworn  to  before  me     ( 

this day  of , 

A.  D.  19....  ( 

(P.  L.  1915,  p.  625.) 
Approved  April  15,  1915. 

5.  If  the  clerk  shall  believe  the  "petition  for 
nomination"  to  be  defective  in  any  particular,  he 
shall  return  the  same  to  the  person  accepting  the 
nomination  for  correction,  and  the  petition  for  nomi- 
nation may  be  corrected  and  returned  within  three 
days  after  its  return  by  the  city  clerk. 

If  the  city  clerk  shall  return  such  petition,  he 
shall  give  in  writing  his  reasons  therefor.  (P.  L. 
1915,  p.  627.) 

Approved  April  15,  1915. 

6.  If  the  "incumbent"  shall  resign  within 
three  days  after  the  certificate  of  notice  shall  have 
been  served  upon  him,  then  these  proceedings  shall 
be  modified  accordingly,  and  the  election  for  his  suc- 
cessor shall  proceed  as  herein  provided. 

If  the  "  incumbent  "shall  desire  to  contest  his 
recall,  he  shall  file  with  the  city  clerk  at  least  fifteen 
days  before  the  "recall  election"  an  "incumbent's 
petition,"  (which  petition  shall  be  signed  by  <u  least 
fifteen  per  centum  of  the  legal  voters  of  the  munici- 
pality in  form  as  follows: 

To  the  Clerk  of vinsel*t  name  of  "munici- 
pality") :  You  are  hereby  requested  to  place  on  the 

ballot  at  the  ' '  recall  election     to  be  held  on     

the day  of 19 .  . .  . ,  as  provided  in 

your  ' '  certificate  of  notice ' '  dated  the day  of 

,  19 ,  the  question  of  the  recall  of 

(name  of  "incumbent"),  as  follows: 

82 


Recall 

If  you  are  in  favor  of  the  recall  of . .  (name 

of  "incumbent"),  mark  an  X  in  the  square  opposite 
the  word  "Yes." 


n 


Yes  If  you  are  not  in  favor  of  his  recall, 

|  mark  an  X  in  the  square  opposite  the 

|No.  word  "No." 


And  for  so  doing  this  petition  shall  be  your  suf- 
ficient warrant. 

Name.  Street  Address. 


I  join  in  the  above  petition. 
Dated:  (Insert  name  of  "incumbent.") 


State  of  New  Jersey,  ( 

«  <ss.  - 

County  of | 

,  being  duly  sworn  according  to  lajW; 

says :  That  he  is  one  of  the  signers  of  the  above  peti- 
tion, and  that  he  knows  that  the  signatures  thereon 
are  in  the  handwriting  of  the  signers,  and  to  the 
best  of  his  knowledge  and  belief  are  the  signatures 
of  the  persons  purporting  to  sign  the  same. 

Subscribed  and  Sworn  to  before  me 

this day  of , 

A.  D.  19 

(P,  L,  1915rp.  627.) 

Approved  April  15,  1915. 
83 


Commission  Government  Law 

7.  If  the  city  clerk  shall  believe  the  "incum- 
bent's" petition  to  be  defective  in  any  particular,  he 
shall  return  the  same  to  the  "incumbent"  with  his 
reasons  therefor,  and  the  "incumbent's"  petition 
may  be  corrected  and  returned  within  three  days 
after  its  return  by  the  city  clerk. 

If  the  "incumbent"  shall  fail  to  file  an  "incum- 
bent's" petition  within  the  time  limited  herein,  he 
shall  be  deemed  to  have  resigned,  and  the  office  of  the 
"incumbent"  shall  forthwith  become  vacant,  and  his 
term  of  office  as  commissioner  in  such  "municipal- 
ity" shall  immediately  cease  and  determine;  and  the 
"recall  election"  shall  proceed  for  the  purpose  of 
electing  his  successor  as  provided  in  this  act. 

The  ballot  to  be  used  in  the  "recall  election" 
shall  be  in  form  as  follows : 

Number official  ballot  for  recall  election. 

.  .Ward  .  .Precinct. 


If  you  ARE  in  favor  of  the  recall  of 
JOHN  DOE    (name  of  "incumbent") 
mark  an  X  in  the  square  opposite  the  word 
"Yes".       If  you  are  NOT  in  favor  of  his 
recall,   mark  an  X  in  the  square  opposite 
the  word  "No". 


D 

D 


YES. 
No. 


84 


Recall 

(To  be  inserted  if  the  " incumbent "  filed  an  "incum- 
bent's petition.) 


Nominees  for  successors  of 
JOHN  DOE    (Name  of  "incumbent") 

Vote  for  one  only. 

Mark  an  X  in  the  square  opposite  the 
name  of  the  candidate  for  whom  you  desire 
to  vote: 


RICHARD  ROE 
WILLIAM  GREEN 


(To  be  inserted  if  one  or  more  petitions  for  nomi- 
nations are  filed.) 
Official  ballot  attest: 

City  Clerk. 

(P.  L.  1915,  p.  628.) 
Approved  April  15,  1915. 

8.  If  more  than  one  "recall  petition"  shall  be 
filed  with  the  city  clerk  at  or  about  the  same  time, 
so  that  more  than  one  election  should  be  required 
under  the  provisions  of  this  act,  then  the  elections 
shall  be  consolidated,  but  the  recall  of  each  com- 
missioner shall  be  a  separate  transaction  and  the 
ballot  shall  be  arranged  by  repeating  the  form  pro- 
vided above  (  except  the  number)  in  parallel  col- 
umns for  each  commissioner  sought  to  be  recalled. 

The  city  clerk  shall  provide  the  boards  of  elec- 
tion with  the  necessary  registry  and  other  books, 

85 


Commission  Government  Law 

ballots  and.  tally  sheets  necessary  to  carry  out  the 
"recall  election."     (P.  L.  1915,  p.  629.) 

Approved  April  15,  1915. 

9.  The  boards  of  election  shall  perform  their 
duties  as  far  as  is  applicable  in  the  same  manner  as 
if  they  ,were  conducting  a  general  election. 

If  a  majority  of  the  electors  voting  at  the  "re- 
call election"  shall  vote  to  recall  the  "incumbent," 
as  evidenced  by  marking  an  X  in  the  square  upon 
the  ballot  opposite  the  word  "Yes"  then  the  office 
of  the  incumbent  shall  forthwith  become  vacant,  and 
his  term  of  office  as  commissioner  shall  immediately 
cease  and  determine. 

If  a  majority  of  the  electors  voting  at  the  "re- 
call election"  shall  vote  not  to  recall  the  "incum- 
bent," as  evidenced  by  marking  an  X  in  the  square 
upon  the  ballot  opposite  the  word  "No,"  then  the 
incumbent  shall  be  entitled  to  the  remainder  of  his 
term  as  commissioner,  and  shall  not  be  subject  to 
another  recall  within  one  calendar  year  from  the 
date  of  the  previous  "recall  election."  (P.  L.  1915, 
p.  630.) 

Approved  April  15,  1915. 

10.  If  the  office  of  the  "incumbent"  shall  be- 
come vacant  either  by  his  resignation,  failure  to  file 
an  incumbent's  petition,  or  by  the  result  of  the  "re- 
call election,"  then  his  successor  shall  be  the  "nomi- 
nee" receiving  the  highest  number  of  votes  at  the 
"recall  election,"  and  such  nominee  shall  be  deemed 
to  hold  the  office  vacated  by  the  incumbent  for  the 
remainder  of  the  incumbent 's  term  of  office,  and  shall 
succeed  to  all  the  rights  and  duties  of  the  office  of 
commissioner  in  such  municipality. 

86 


Recall 

Any  person  who  shall  have  been  entitled  to  reg- 
ister and  vote  at  the  last  general  election  shall  be 
eligible  as  a  "nominee"  to  succeed  an  incumbent. 

(P.  L.  1915,  p.  630.) 

Approved  April  15,  1915. 

11.  Whenever  the  city  clerk  shall  believe  any 
petition  for  recall,  petition  for  nomination,  incum- 
bent's petition,  or  other  petition,  shall  be  defective, 
he  shall  before  returning  the  petition  as  provided 
herein,  present  his  objections  in  writing  to  the  jus- 
tice of  the  Supreme  Court  holding  the  circuit  in 
which  the  municipality  is  located.  The  justice  shall 
proceed  summarily  to  examine  the  objections  of  the 
city  clerk,  and  shall  forthwith  make  an  order  sus- 
taining or  overruling  any  or  all  of  the  objections, 
and  such  order  shall  be  final  and  binding  on  all 
parties  concerned.  (P.  L.  1915,  p.  630.) 

Approved  April  15,  1915. 

Section  12  of  the  statute  providing  for  a  recall  elec- 
tion, and  the  amendments  thereof,  does  not  authorize  a 
Justice  of  the  Supreme  Court  to  order  the  municipal 
clerk  to  call  such  an  election  until  the  clerk  has  made  a 
determination  as  to  the  sufficiency  or  the  insufficiency 
of  the  petition  filed  praying  for  such  an  election.  It  is 
the  duty  of  the  municipal  clerk  to  make  such  a  deter- 
mination. If  he  determines  the  petition  sufficient,  then 
it  is  his  duty  to  call  an  election,  and  a  neglect  to  perform 
this  duty  is  enforcable  by  mandamus,  and  not  by  an  order 
of  the  Justice  under  section  12.  If  the  clerk  finds  it  in- 
sufficient he  must  report  his  objections  to  the  Justice  of 
the  Supreme  Court  holding  the  circuit  in  the  county  where 
the  municipality  is  located,  and  the  Justice  then  sustains 
or  overrules  tne  objections.  If  sustained,  the  petition  is 
returned  to  the  petitioners;  if  overruled  it  then  becomes 
the  duty  of  the  clerk  to  call  the  election.  In  either  of 
these  cases"  the  cferk  may  be  required  to  perform  his  duty 
by  mandamus.  If  the  clerk  determines  the  petition  to 
be  insufficient,  but  does  not  report  his  objections  to  the 
Justice  of  the  Supreme  Court,  he  may  be  compelled  to 
make  such  a  report;  but  until  the  sufficiency  of  the  pe- 

87 


Commission  Government  Law 

tition  is  determined  the  Justice  of  the  Supreme  Court 
cannot,  by  a  summary  order  under  P.  L.  1915,  p.  631,  sec. 
12,  direct  the  clerk  to  call  the  election.  Cornin  vs.  Lee, 
et  al.,  91  N.  J.  L.,  p.  443;  103  Atl.  Rep.,  p.  401. 

12.  In  order  to  more  fully  carry  out  the  spirit 

of  this  act  and  to  prevent  the  failure  of  the  "recall 
election  "by  reason  of  any  conflict  of  laws,  inade- 
quacy of  law,  dispute,  misunderstandings,  or  other 
cause,  the  justice  of  the  Supreme  Court  holding  the 
circuit  in  which  the  municipality  is  located  shall 
have  power  upon  complaint  of  the  "agent,"  "city 
clerk,"  "incumbent,"  or  "nominee,"  to  make  any 
order  or  regulation  which  in  his  judgment  is  neces- 
sary or  convenient  to  enable  a  fair  and  impartial 
"recall  election"  to  be  held,  and  such  order  or  regu- 
lation shall  be  final. 

Such  proceedings  shall  be  summary  and  with- 
out notice.  On  the  day  that  the  recall  election  is  to 
be  held  the  said  Supreme  Court  justice  shall  attend 
in  some  public  place  in  the  municipality,  and  then 
and  there  make  any  such  additional  order  as  may  be 
necessary  to  carry  out  the  "recall  election."  (P. 
L.  1915,  p.  631.) 

Approved  April  15,  1915. 

13.  In  order  to  prevent   an   "incumbent"   or 
other  person  acting  either  directly  or  indirectly  in 
his  behalf,  from  delaying  or  obstructing  the  "recall 
election,"   and  thereby  preventing  the   incumbent's 
removal,  no  writ  or  order  issued  out  of  any  court  in 
this  State  shall  be  allqwed  whereby  the  "recall  elec- 
tion" is  prevented,  restrained,  or  delayed,  but  the 
"recall  election"  shall  proceed,  notwithstanding  any 
proceedings   which   may   be  instituted   in   any   court 


88 


Definitions 

in  the  State  whereby  the  legality  of  any  of  the  pe- 
titions, acts,  or  elections  permitted  or  authorized  in 
this  act  are  to  be  reviewed. 

Such  proceedings  for  review  are  not  hereby  re- 
strained, but  may  proceed  to  final  judgment,  and  if 
as  a  result  thereof,  it  is  determined  that  the  incum- 
bent has  not  been  legally  removed,  then  he  shall  be 
restored  to  his  office  and  his  salary  for  which  term 
he  has  been  removed  shall  be  paid. 

All  acts  of  the  boards  of  commissioners  done 
while  such  incumbent  was  removed  from  his  office 
shall  be  as  lawful  as  if  he  had  been  present  and  par- 
ticipated therein.  (P.  L.  1915,  p.  631.) 

Approved  April  15,  1915. 

Definitions. 

14.  Particular  words  used  in  this  act  are  to  be 
taken  to  have  the  following  meanings : 

Commissioner- — Any  person,  including  the  mayor, 
who  shall  occupy  the  office  of  commissioner  under 
an  act  entitled  "An  act  relating  to,  regulating,  and 
providing  for  the  government  of  cities,  towns,  town- 
ships, boroughs,  villages  and  municipalities  governed 
by  boards  of  commissioners  or  improvement  com- 
missions in  this  State"  approved  April  t^wenty-fifth 
one  thousand  nine  hundred  and  eleven,  the  title  of 
which  was  amended  to  read  as  above  by  act  approved 
April  second,  one  thousand  nine  hundred  and  twelve. 
Recall  petition. — The  petition  to  be  filed  as  pro- 
vided in  this  section  with  the  city  clerk  for  the  recall 
of  a  commissioner. 

89 


Commission  Government  Law 

Electors. — Such  citizens  of  the  municipality  as 
were  registered  to  vote  at  the  last  general  election  at 
which  were  voted  for  members  of  the  General  Assem- 
bly. 

Agent  or  agents. — A  person  or  persons  designated 
in  the  " recall  petition"  to  file  the  petition. 

City  Clerk. — The  officer  acting  under  this  act  as 
the  clerk  of  the  municipality. 

General  election. — The  election  at  which  mem- 
bers of  the  General  Assembly  are  to  be  voted  for. 

Municipality. — Any  city,  town,  township,  bor- 
ough, or  other  municipality  within  this  State  which 
has  adopted  or  which  may  hereafter  adopt  an  act  en- 
titled "An  act  relating  to,  regulating,  and  providing 
for  the  government  of  cities,  towns,  townships,  bor- 
oughs, villages  and  municipalities  governed  by 
boards  of  commissioners  or  improvement  commissions 
in  this  State,"  approved  April  t^wenty-fifth,  one 
thousand  nine  hundred  and  eleven,  the  title  of  which 
was  amended  to  read  as  above  by  act  approved  April 
second,  one  thousand  nine  hundred  and  twelve. 

Incumbent. — iThe  commissioner  sought  to  be  re- 
moved by  recall  petition. 

Nominee.- — The  person  nominated  by  the  petition 
of  nomination. 

Petition  of  nomination. — The  petition  of  nomi- 
nation provided  for  in  this  section  to  place  the  name 
of  a  successor  to  the  incumbent  upon  the  ballot. 

Incumbent's  petition. — The  petition  provided 
for  in  this  section  to  place  the  question  of  the  recall 
of  the  incumbent  upon  the  ballot. 

Last  general  election. — The  election  at  which 
were  voted  for  members  of  the  General  Assembly. 

90 


Recall 

last  preceding  the  filing  of  the  "recall  petition.'* 

Voters.' — Such    citizens   of    the    municipality   as 
were  registered  to  vote  at  the  last  general  election  at 
which  (were  voted  for  members  of  the  General  As- 
sembly.    (P.  L.  1915,  p.  632.) 
Approved  April  15,  1915. 

15.  No  petition  required  in  this  act  need  be 
upon  a  single  paper,  but  may  be  upon  any  number 
of  separate  papers,   for  the  purpose   of  more  con- 
veniently obtaining  signatures.     The    form   of    each 
separate  paper  shall  be  in  the  form  provided  here- 
in, and  there  shall  be  attached  thereto  an  affidavit 
of  one  of  the  signers  of  each  paper,  declaring  that 
the   signatures   thereon   are   in   the   handwriting   of 
the  signers,  and  are  to  the  best  of  his  knowledge 
and  belief  the  signatures  of  the  persons  purporting 
to  sign  the  same. 

No  petition  shall  be  rejected  by  the  city  clerk 
for  any  typographical  deviation  of  the  form  pro- 
vided herein  or  for  any  minor  departure  therefrom; 
but  such  petition  shall  be  accepted  if  it  substanti- 
ally conforms  to  the  forms  provided  herein,  the  said 
forms  being  for  the  guidance  of  the  parties.  (P.  L. 
1915,  p.  633.) 

Approved  April  15,  1915. 

16.  After  the  "  incumbent "  has  been  recalled 
and  the  nominee  has  succeeded  him  in  the  office  of 
commissioner,  the  commission  may  recognize  and  re- 
assign the  various  departments  as  provided  in  the 
act  to  which  this  act  is  a  supplement.     They  may 
also  remove  from  office  any  person  appointed  by  the 
commissioner  who  has  been  removed  provided  such 

91 


Commission  Government  Law 

appointment  was  made  within  six  months  from  the 
time  of  the  filing  of  the  "recall  petition."  (P.  L. 
1915,  p.  633.) 

Approved  April  15,  1915. 

See  Woolley  vs.  Flock,  p.  26,  ante. 

17.  All  acts  or  parts  of  acts  inconsistent  with 

the  preceding  sections  of  this   act   are   hereby   re- 
pealed.    (P.  L.  1915,  p.  633.) 
Approved  April  15,  1915. 

18.  Any  person  not  an  elector  who  shall  wil- 
fully and  knowingly  sign  any  petition  provided  for 
in  this  act  shall  be  guilty  of  a  misdemeanor. 

Any  person  or  persons  advising,  aiding,  or 
abetting  any  such  person  not  an  elector  to  sign  any 
petition  provided  in  this  act  shall  be  guilty  of  a 
misdemeanor. 

Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor. 
(P.  L.  1915,  p.  634.) 

Approved  April  15,  1915. 

19.  This  act  shall  be  liberally  construed,  and 
is  not  to  be  taken  in  derogation  of  the  rights  of  any 
person  holding  the  office  of  commissioner.      (P.  L. 
1915,  p.  634.) 

Approved  April  15,  1915. 

20.  If  any  paragraph  or  part  of  paragraph 
of  this  act  shall  be  declared  by  any  court  of  com- 
petent jurisdiction  unconstitutional,  it  shall  not 
thereby  affect  any  other  of  the  provisions  of  this 
act.  (P.  L.  1915,  p.  634.) 

Approved  April  15,  1915. 

21.  This  act  shall  be  binding  upon  any  munici- 
pality which  has  accepted  or  which  shall  hereafter 

92 


Registration 

accept  an  act  entitled  "An  act  relating  to,  regulat- 
ing and  providing,  for  the  government  of  cities 
towns,  townships,  boroughs,  villages  and  munici- 
palities governed  by  boards  of  commissioners  or 
improvement  commissions  in  this  State,"  approved 
April  twenty-fifth,  one  thousand  nine  hundred  and 
eleven,  the  title  of  which  was  amended  as  above  by 
act  approved  April  second,  one  thousand  nine 
hundred  and  tjWelve. 
(L.  P.  1915,  p.  634.) 

Approved  April  15,  1915. 

Registration  for  Elections 

1.  Whenever  the  provisions  of  the  act  to  which 
this  act  is  supplemental  have  been  adopted  by  any 
municipality  having  a  population  of  more  than  five 
thousand,  and  less  than  seventy -nve  thousand  in- 
habitants either  prior  or  subsequent  to  the  passage 
of  this  act,  the  district  boards  of  registry  and  elec- 
tion in  all  districts  in  the  said  municipalities  shall 
meet  such  day  as  the  board  of  commissioners  may 
designate,  not  more  than  twenty  nor  less  than  ten 
days  preceding  a  municipal  election  of  commis- 
sioners under  the  act  to  which  this  act  is  supple- 
mental, at  seven  o'clock  in  the  forenoon  and  con- 
tinue in  session  until  nine  o'clock  in  the  evening, 
for  the  purpose  of  registering  the  names  of  all  legal 
voters,  residents  of  the  election  districts  for  which 
they  are  appointed;  provided,  hoivever,  that  it  shall 
not  be  necessary  for  any  voter  to  register  who  is 
already  properly  registered  to  vote  at  the  next 
preceding  general  election  under  any  other  act. 

93 


Commission  Government  Law 

2.  All  acts  or  parts  of  acts  inconsistent  with 
this  act  be,  and  the  same  are  hereby  repealed,  and 
this  act  shall  take  effect  immediately.  (P.  L.  1917, 
p,  879.) 

Approved  March  31,  1917. 


94 


Index 


Abolishing  of  officers 22 

Adoption    of   Act   60 

Adverse  vote  on  act,  effect 62 

Advertisement   by    candidates 67 

Agent,  definition  of ^ 90 

Amusement  halls 40,     44 

Annual  appropriations , 52 

Annual  audit  

Appointment  of  city  clerk 31 

Appropriations  for  year 

Attorney   General   63 

Audit   annually   51 

Ballots,  counting  of 70 

Ballots  for  election  on  ordinances 56 

Ballots,  form   of   ^ 56,     68 

Ballots  for  increase  of  commissioners  salary 32 

Ballot,  official 54,     68 

Ballot  on  limit  of  debt _ _—  48 

Ballot,  recall  election <. 83,  84,    85 

Ballot  to  adopt  act 60 

Blanks  for  nomination 81 

Boadrs    abolsihed    23 

Boards   of   education    39,    52 

Boards  of  health  abilished 23,    40 

Bond  issued  for  convention  halls 44 

Boroughs    adopting   act    14 

Boroughs 20 

Candidates,  list  of 67 

Cases  cited 6 

Certiorari .,^T. 46 

Charter  provisions  not  affected 36,    49 

Charter,  reversion  to 63 

Churches,  regulated 40 

Cities  which  have  adopted  act 13,     14 

City  clerk,  appointment  of 31 

City  clerk,  not  under  civil  service 23 

City  clerk,  definition  of 90 

"City"  definition  of 20 

Civil   service  not  affected  

Clerk,  judge  of  qualifications  for  recall 77 

Clerk  of  municipality  not  under  civil  service 

Clerks  authority 

Clerk  to  determine  result  of  election t        70 

Commission,  definition  of 

Commissioners,   how   elected   65 

Commissioners's  salaries 28,     30,     33,  34,     38 

Commissioner's   salary,  referendum  on 

Commissioners,  number  of 25 

95 


Commission  Government  Law 


Compensation  of  commisioners 28,     30,     33,     34     38 

Contents 5 

Contracts,,  employees   and  officials  not  to  be 

intersted  in 47 

Convention  hails _  44 

Corporate  seal  not  changed 32 

Counting  of  balottts 70 

Courts,   district   39 

Court  to  place  voters  on  list 53,     80 

Create  subordinate  boards 28 

Dance  halls,   regulation   of 40 

Definition  of   act   

Departments  of  government 26 

Determination  of  limit  of  bonded  debt 48 

District  courts 39 

Duties  of  department  heads 26 

Education   boards   39 

Election  ballot  form 68 

Election,  commssioner  vacancies 65,     73 

Election   expenses   published 50 

Election  for  recall 79 

Election    of  commisioners    65 

Election   of   officers 74 

Election   on   ordinances 56,     76 

Election,  registry  for . 

Election,  result  determined 70 

Elections  after  first 21 

Elections 65 

Election  to  adopt  act 60 

Election  to  go  back  to  charter 63 

Elector,  definition  of 90 

Eligibility    of   commissioner   86 

Employees  not  to  be  interested  in  contracts 47 

Employees'   salaries . 31 

Enacting  clause  of  ordinances 39 

Enforcement  of  ordinances 48 

Exhibition  halls 44 

Enacting   clause   of   ordinance   3P 

Expenses  of  election  published HO 

Falsely  signing  petitions 92 

Favors  not  to  be  granted 47 

Finance  department . 2V 

financial  statement  published  monthly 51 

Fire   escapes   40 

Firemen    in    uniform 47 

Firemen   not  affected  22 

First  lecetion  of  commissioners 21 

Form  of  election  ballot 68 

96 


Index 


Fourth  class  cities,  salaries  in 30,     34 

Franchises   granted    

General  election,  definition  of 

General  laws  not  altered 36 

Governing  bodies  abolished 22 

Granting  franchises 46 

Halls  for  conventions   44 

Health  boards  abolished 23,     40 

Health    warden    

Inprovement  department 27 

Increase  of  commissioners  salary 32,     38 

Incumbent,  definition  of 90 

Incumbents  petition,  definition  of 90 

Initiative   55 

Judicial  powers  of  commissioners 37 

Laws  applicable  to  city  not  altered 36 

Lighting  of  public  places 40 

Limit  of  bonded  debt 48 

List  of  cases  cited 6 

Last  general  election,  definition  of 

List  of  candidates 67 

Liquor   sales    regulated   41,         44 

Mayor   26,  27,     46 

Meetings 45 

Monthly  financial  statements 51 

Municipalities  which  have  adopted  act 

Municipalities,  definition  of 90 

Municipalities 20 

Nomination   blanks    66,     81 

Nominating  petition 

Nomination  petition,  definition  of 

Nominaitons    75 

Nominee,  defiinitoin   of 

Notice  of  recall 78 

Number  of  commissioners 21,     25 

Officers   of  election   75 

Officers    ousted    

Officers   qualifications    50 

Office  terms  not  changed 

Offical  and  contracts 47 

Official  ballot 

Official  tenure . 

Opera  houses,  regulaton  of 

Orginazation    21,     26 

Ordinance,  ballots  for  election  on * 

Ordinances,   enacting   clause   

Ordinance,   enfrcement  of   48 

Ordinance  for  convention  and  amusement  halls 44 

97 


Commission  Government  Law 

Ordinances,  heretofore  passed  valid 

Ordinances,  passage   of 46,     48 

Ordinances,   penalities   

Ordinances,  proposed,  published 

Ordinances    published    

Ordinance  published,  to  increase    salaries 36,     38 

Ordinance  restricting  liquor  sale 41,     44 

Ordinances,  review  of 

Ordinances  signed  by  commissioners 

Ordinance  when  in  force 57 

Ordinance,  voters  may  propose 

Parks  department _ 

Passage  of  ordinances 

Penalties  of  ordinances 

Permanent  tenure 

Petition  for  recall 

Petition    of   nomination    

Petition  of  recall,  definition  of 

Petition  to  adopt  act 60 

Policemen  in  uniform 47 

Policemen  not  affected 

Power  of  commissioners 

Power  of  department . 

Promises  of  rewards  prohibited 50 

Property  department . 

Protest  against  ordinance   57 

Public  affairs   department   26 

Publication  of  ordinances 25,     36 

Publication  of  proposed  ordinonces ~ 

Public  property   department   — 

Public  safety  department 27,     37 

Publish  election  expenses 51 

Publish   monthly   finanicial   statements    51 

Qualifications  of  officers 50 

Quorum    

Quo  warranto,  when  not  issued 46 

Recall    election   76,     79 

Recall  not  filed  for  a  year 

Recall  notice 

Recall  petitions 76 

Recall  petition,  definition  of 

Recount  for   elections   

Recall  served  on  commissoner 

Referendum  on  adopting  act 60 

Referendum  on  commissioners  salary 32 

Referendum    on    ordinances    57 

Registration    in    certain    cities   92 

Registry   for   election    52 

98 


Index 


Registry    or   voters    80 

Regular  meetings 45 

Repeal  of  ordinance  voted  on 56 

Requirements  to  adopt  act _ —  60 

Residence   of   commissioners   

Resolution  signed  by  commissioners  . 25 

Result  of  election  determined 70 

Revenue  department 27 

Rewards  not  to  be  promised 50 

Safety   department    27,     37 

Salaries  of  commissioners,  raise  when  voted  upon  32,     38 

Sailors   votes    54 

Salaries  of  employees 31 

Salaries  of  commissioners 28,     30,     33,  34,     38 

Sale  of  liquor  regulation   41,     44 

Seal   of   City   32 

Schools   regulation   of 40 

Signing  petition  falsely 92 

Soldiers   votes    54 

Specially  created  boards  abolished 23 

Special    meetings    45 

Street  department 27 

Submission  of  ordinances  to  voters 58 

Subordinate    boards    28 

Supreme  court  justice,  when  to  determine  recalls  87 

Term  of  commissioners  begin 21 

Term  of  office  unchanged 23,  24,     26 

Term  of  residence  of  commissioners 21 

Theatres,    regulation   of   40 

Towns     20 

Towns  which  have  adopted  act 14 

Uniformed  police  and  firemen    47 

Vacancies 73 

Vacancies  in  commissioners,  how  filled 21,       74 

Voters  added  by  court 57,     80 

Voter,   dfinition  of 91 

Voters  may  propose  ordinances 56 

Votes  of  discharged  sailors  and  soldiers 54 


99 


YC 


^73350 


A  3  A/ -5- 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


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